Boateng v. Maurstad
- David Schultz
- 0:26-cv-01634
- U.S. District Court · District of Minnesota
- 2
In Eric Osei Boateng v. Leigh Maurstad, Judge Schultz recommended dismissal without prejudice because Boateng did not pay the filing fee or prosecute.
Eric Osei Boateng’s action; the recommendation would dismiss it without prejudice for failure to prosecute if adopted by the district court.
What happened
In Eric Osei Boateng v. Leigh Maurstad, the court had previously denied Boateng’s request to proceed without paying the filing fee and gave him 14 days to pay.
That deadline passed, and Boateng had not paid the fee or communicated with the court since starting the case. The court therefore recommended ending the action without prejudice for failure to prosecute, meaning the recommendation would not bar a later filing if otherwise allowed.
Judge Schultz issued the recommendation on April 2, 2026. It is not yet an order or judgment, and the parties may file specific written objections within 14 days after receiving it.
The detailed version
- Boateng v. Maurstad · No. 0:26-cv-01634
- David Schultz
- Apr. 2, 2026
Background
In an earlier order dated March 4, 2026, the court denied Eric Osei Boateng’s application to proceed without paying the filing fee. The court gave Boateng 14 days to pay the fee and warned that it would recommend dismissal without prejudice if he did not do so.
The deadline passed. The report states that Boateng had not paid the filing fee and had not communicated with the court about the case since commencing it.
Recommendation
Judge David T. Schultz recommended that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. A dismissal without prejudice does not itself bar refiling the action.
What Happens Next
The document is a report and recommendation, not an order or judgment of the district court. It states that a party may file and serve specific written objections within 14 days after being served with the recommendation, and that a response to objections may be filed within 14 days after service of the objections. The recommendation is not directly appealable to the United States Court of Appeals for the Eighth Circuit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.