Dillard v. Schnell
Latrice Atik Dillard v. Paul Schnell, Commissioner of Corrections (Minnesota Department of Corrections) and Nannette Larson, Dept. Commissioner
- Katherine Menendez
- 0:26-cv-00057
- U.S. District Court · District of Minnesota
- 2
In Latrice Atik Dillard v. Paul Schnell, Magistrate Judge Micko recommended dismissal without prejudice after Dillard failed to pay the required initial filing fee.
Latrice Atik Dillard's pending action against Paul Schnell and Nannette Larson.
What happened
In Latrice Atik Dillard v. Paul Schnell, the court had ordered Dillard to pay an initial partial filing fee of $18.20 within 21 days.
The deadline passed, and Dillard had not paid the fee or communicated with the court since starting the case. The report therefore recommends dismissing the action without prejudice, meaning the dismissal does not bar refiling.
Magistrate Judge Douglas L. Micko issued the recommendation under the rule allowing dismissal for failure to prosecute. The report is not a final order, and it says the parties may file written objections within 14 days after being served.
The detailed version
- Dillard v. Schnell · No. 0:26-cv-00057
- Katherine Menendez
- Feb. 6, 2026
Background
On January 8, 2026, the court ordered Latrice Atik Dillard to pay an initial partial filing fee of $18.20 under 28 U.S.C. § 1915(b). The order gave her 21 days to pay and warned that failure to do so could lead to a recommendation that the case be dismissed without prejudice for failure to prosecute.
Reasoning
The payment deadline passed, but Dillard did not pay the initial partial filing fee. The report also states that she had not communicated with the court about the case since starting it. Based on those circumstances and the earlier warning, the court relied on Federal Rule of Civil Procedure 41(b), which allows dismissal for failure to prosecute a case.
Recommendation and Notice
Magistrate Judge Douglas L. Micko recommended that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute. The report and recommendation is not a final district court order or judgment and cannot be appealed directly to the Eighth Circuit. The notice states that a party may file specific written objections within 14 days after being served with the report and recommendation and may respond to objections within 14 days after being served with them.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.