Taylor v. Miles
- Katherine Menendez
- 0:26-cv-02938
- U.S. District Court · District of Minnesota
- 2
In Darryl Taylor v. Eddie Miles, Magistrate Judge Brisbois recommended dismissing the habeas action without prejudice because Taylor neither paid the fee nor sought a fee waiver.
Darryl Taylor’s habeas action was recommended for dismissal without prejudice because he did not pay the filing fee or apply to proceed without paying it; the opinion does not state a final District Court disposition.
What happened
Darryl Taylor v. Eddie Miles, Warden concerns Taylor’s petition asking for a court order about his custody. The clerk told Taylor to pay the filing fee or apply to proceed without paying it, and warned that the case could be dismissed if he did neither within 15 days.
The deadline passed, and Taylor had not paid the fee, submitted the application, or otherwise contacted the court. The recommendation does not address whether Taylor’s habeas claims were legally valid.
Magistrate Judge Leo I. Brisbois recommended dismissing the action without prejudice for failure to prosecute under Rule 41(b). The recommendation is not the District Court’s final order, and the parties may file written objections within 14 days after being served.
The detailed version
- Taylor v. Miles · No. 0:26-cv-02938
- Katherine Menendez
- July 16, 2026
Background
Darryl Taylor filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims or the custody-related issue Taylor sought to challenge.
On June 12, 2026, the clerk directed Taylor either to pay the filing fee or apply for permission to proceed without paying it. The clerk warned that failing to do so within 15 days could result in dismissal without prejudice, meaning Taylor could potentially bring the action again.
Reason for the Recommendation
The deadline passed. Taylor had not paid the filing fee, submitted an application to proceed without paying it, or communicated with the court since starting the case. The magistrate judge treated that failure as failure to prosecute—failure to move the case forward—and relied on Rule 41(b) of the Federal Rules of Civil Procedure, which permits dismissal for failure to prosecute or to comply with a court order.
Disposition and Procedure
Magistrate Judge Leo I. Brisbois recommended that the action be dismissed without prejudice. This is a Report and Recommendation, not a final order or judgment of the District Court. The notice states that the parties may file specific written objections within 14 days after being served with the recommendation, and may respond to objections within 14 days after being served with them. The opinion does not state whether a district judge later adopted the recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.