Swint v. Sweeps
- Leo Brisbois
- 0:26-cv-03142
- U.S. District Court · District of Minnesota
- 2
In Robert James Swint v. Bob Sweeps, Judge Brisbois recommended dismissing the case without prejudice because Swint neither paid the filing fee nor applied to proceed without paying it.
Robert James Swint’s federal court action against Bob Sweeps; the report recommends dismissal without prejudice, subject to review after any timely objections.
What happened
Robert James Swint v. Bob Sweeps concerns Swint’s failure to pay the filing fee or submit an application to proceed without paying it. The court gave him fifteen days after sending a warning, but he did neither.
The report recommends ending the case without prejudice because Swint did not move the case forward. Without prejudice means the recommendation does not itself bar a later filing.
Judge Leo I. Brisbois issued the report and recommendation under the rule allowing dismissal for failure to prosecute. It is not a final order, and the parties may file written objections within 14 days after receiving it.
The detailed version
- Swint v. Sweeps · No. 0:26-cv-03142
- Leo Brisbois
- Aug. 6, 2026
Background
The magistrate judge reviewed Robert James Swint’s complaint. On June 30, 2026, the Clerk sent Swint a letter stating that the court had not received either the filing fee or an application to proceed without paying the fee. The letter included the District of Minnesota’s application form and warned that the case could be dismissed without prejudice if Swint did not submit the fee or application within 15 days, by July 15, 2026.
The report states that the deadline passed and Swint had not paid the fee or submitted the application.
Recommendation
The report recommends that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Failure to prosecute means failing to move a case forward. The report relies on the rule permitting a district court to dismiss an action when a plaintiff fails to prosecute or comply with the procedural rules or a court order.
Status and Objections
This document is a magistrate judge’s report and recommendation, not an order or judgment of the District Court. It therefore is not directly appealable to the United States Court of Appeals for the Eighth Circuit. Under the cited local rule, a party may file and serve specific written objections within 14 days after being served with the report, and 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.