Edgar Daniel Cuate Urzua v. Capital One Bank, N.A.
- John Docherty
- 0:26-cv-02396
- U.S. District Court · District of Minnesota
- 2
Cuate Urzua v. Capital One: Judge Docherty recommended dismissing the action without prejudice after Cuate Urzua failed to pay the filing fee or renew his fee-waiver application.
The recommendation would dismiss Edgar Daniel Cuate Urzua’s action against Capital One Bank (USA), N.A., without prejudice. The opinion states that the report is not itself a final district-court order or judgment.
What happened
In Edgar Daniel Cuate Urzua v. Capital One Bank (USA), N.A., the court had denied Cuate Urzua’s request to proceed without paying court fees or costs. The court gave him until May 22, 2026, to submit a new request or pay the filing fee.
That deadline passed, and Cuate Urzua did neither. The report therefore recommended dismissing the case for failing to pursue it and for not following the court’s order.
Magistrate Judge John F. Docherty recommended dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b). The report says it is not a final order or judgment, and the parties may file written objections within 14 days after receiving it.
The detailed version
- Edgar Daniel Cuate Urzua v. Capital One Bank, N.A. · No. 0:26-cv-02396
- John F. Docherty
- May 29, 2026
Background
On May 1, 2026, the court denied Edgar Daniel Cuate Urzua’s application to proceed in the case without paying fees or costs. The court required him either to submit a new application to proceed without paying fees or to pay the case’s filing fee by May 22, 2026.
The deadline passed. The report states that Cuate Urzua did not submit a new application and did not pay the filing fee.
Recommendation
The report recommends dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Rule 41(b) permits dismissal when a plaintiff fails to pursue an action or comply with the court’s rules or orders. The report does not state that the district court had entered a final dismissal as of May 29, 2026.
Notice and Next Step Identified in the Report
The report states that it is not an order or judgment of the district court and cannot be appealed directly to the U.S. Court of Appeals for the Eighth Circuit. A party may file specific written objections within 14 days after being served with the report. A party 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.