Abdikarim v. Schnell

Background

Zakariya Abdikarim brought this action against Paul Schnell and other defendants. The opinion does not address the underlying claims.

In an earlier order dated April 3, 2026, the court denied Abdikarim’s application to proceed without paying the filing fee. The court found that Abdikarim had accumulated three strikes—in fact, more than three—under 28 U.S.C. § 1915(g). The court gave him 14 days to pay the filing fee and proceed as a litigant who had paid the fee. The earlier order warned that failure to do so would lead to a recommendation that the action be dismissed without prejudice for failure to prosecute.

Failure to Pay and Prosecute

The 14-day deadline passed, and Abdikarim did not pay the filing fee. He also had not communicated with the court about the case since starting it. Based on that failure and the warning in the earlier order, the magistrate judge recommended dismissal under Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff fails to prosecute an action or comply with court rules or orders.

Recommendation and Procedure

Judge David T. Schultz recommended that the action be dismissed without prejudice for failure to prosecute. “Without prejudice” means the recommendation does not itself bar a later filing based on the same matter, although the opinion does not address any requirements for doing so.

The report and recommendation is not a final order or judgment and cannot be appealed directly to the United States Court of Appeals for the Eighth Circuit. A party may file specific written objections within 14 days after being served with the report and recommendation, and a response to objections may be filed within 14 days after service of the objections.