Trischan v. Waseca
- Michael Davis
- 0:25-cv-04743
- U.S. District Court · District of Minnesota
- 2
In Venetia Trischan v. FCI Waseca, Magistrate Judge Foster recommended dismissing the action without prejudice because Trischan neither paid the fee nor sought a fee waiver.
Venetia Trischan and this action; the magistrate judge recommended dismissal without prejudice because Trischan did not pay the filing fee, apply to proceed without paying it, or otherwise communicate with the court.
What happened
In Venetia Trischan v. FCI Waseca, the Clerk gave Venetia Trischan 15 days to pay the filing fee or apply to proceed without paying it. The deadline passed without either submission.
Trischan also did not communicate with the court after starting the case. The recommendation states that the case could be dismissed for failure to prosecute, meaning failure to move the case forward.
Magistrate Judge Foster recommended dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation was not a final order, and the notice says the parties could file written objections within 14 days after being served.
The detailed version
- Trischan v. Waseca · No. 0:25-cv-04743
- Michael Davis
- Jan. 27, 2026
Background
The Clerk of Court sent Venetia Trischan a letter dated December 22, 2025, directing her either to submit the filing fee or apply for permission to proceed without paying it. The letter gave her 15 days to do so and warned that the case could be dismissed if she did not meet the deadline.
The deadline passed. According to the report and recommendation, Trischan neither paid the filing fee nor submitted an application to proceed without paying it. She also had not communicated with the court about the case since starting it.
Recommendation
The court recommended dismissal for failure to prosecute, meaning failure to pursue the case or comply with the court's requirements. It recommended that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b), which allows dismissal for failure to prosecute or comply with the federal rules or a court order.
Procedural Status
This document is a magistrate judge's report and recommendation, not a final order or judgment of the District Court. It states that the recommendation is not directly appealable to the U.S. Court of Appeals for the Eighth Circuit. Under the cited local rule, a party may file specific written objections within 14 days after being served with the recommendation, and a response to objections may be filed within 14 days after service of those objections.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.