Morgan v. Mary T Inc.
- Elizabeth Cowan Wright
- 0:25-cv-02905
- U.S. District Court · District of Minnesota
- 3
In Zoya Morgan v. Mary T Inc., Magistrate Judge Wright recommended dismissing the action without prejudice because Morgan failed to submit a required service form.
The recommendation concerns Zoya Morgan’s action against Mary T Inc. If adopted, it would end this case without prejudice, but the opinion does not state that a final dismissal order has been entered.
What happened
In Zoya Morgan v. Mary T Inc., the court had previously allowed Morgan to proceed without paying the filing fee and ordered her to complete and return a U.S. Marshal service form for Mary T Inc. within 30 days.
The deadline passed, but Morgan did not submit the form or communicate with the court after starting the case. The court therefore concluded that she had abandoned the action and recommended dismissal for failure to prosecute.
Magistrate Judge Elizabeth Cowan Wright recommended that the case be dismissed without prejudice under Rule 41(b), meaning Morgan could potentially bring the action again. The recommendation was not a final order, and the notice allowed 14 days for objections.
The detailed version
- Morgan v. Mary T Inc. · No. 0:25-cv-02905
- Elizabeth Cowan Wright
- July 1, 2026
Background
The court had previously granted Zoya Morgan permission to proceed without paying the filing fee. In its July 21, 2025 order, the court required Morgan to complete and return a U.S. Marshal Service Form, Form USM 285, for Mary T Inc. within 30 days. The order warned that failing to meet the deadline could lead to a recommendation that the case be dismissed without prejudice for failure to prosecute.
The Clerk’s Office sent the forms to Morgan on July 22, 2025, and explained that service could not occur until the completed forms were returned. The deadline passed, but Morgan did not submit the required form. The opinion also states that Morgan had not communicated with the court since beginning the action.
Recommendation
The court concluded that Morgan had abandoned the action. Under Federal Rule of Civil Procedure 41(b), a court may dismiss a case when a plaintiff fails to prosecute it or comply with the Federal Rules or a court order. Based on the missed deadline and the earlier warning, Magistrate Judge Elizabeth Cowan Wright recommended that the action be dismissed without prejudice under Rule 41(b) for failure to prosecute.
Effect of the Recommendation
The document is a report and recommendation, not a final order or judgment of the District Court. It states that it is not directly appealable to the Court of Appeals. The parties 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 the objections.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.