Wedington v. Office of Inspector General
- Susan Nelson
- 0:18-cv-02694
- U.S. District Court · District of Minnesota
- 3
In Wedington v. Office of Inspector General, Judge Nelson dismissed Calvin S. Wedington’s complaint without prejudice after he failed to pay the required filing fee.
Calvin S. Wedington’s complaint was dismissed without prejudice; the order did not decide the underlying claims against the defendants.
What happened
In Calvin S. Wedington v. Office of the Inspector General, et al., the court considered Wedington’s objection to a recommendation that his complaint be dismissed. He was representing himself and had been allowed to proceed without paying the full filing fee at the start of the case.
The court had ordered Wedington to pay an initial partial filing fee of $2.68 by November 30, 2018. He did not pay the fee or contact the court to request more time. His objection did not address that reason for dismissal.
The court overruled Wedington’s objection, adopted the magistrate judge’s recommendation in full, and dismissed the complaint without prejudice for failure to prosecute. Judge Susan Richard Nelson entered the order.
The detailed version
- Wedington v. Office of Inspector General · No. 0:18-cv-02694
- Susan Nelson
- Jan. 31, 2019
Background
Calvin S. Wedington filed a complaint and asked to proceed without paying the full filing fee at the start of the case. Magistrate Judge Steven Rau granted that request but ordered Wedington to pay an initial partial filing fee of $2.68 by November 30, 2018. The order warned that failing to pay could lead to dismissal without prejudice for failure to prosecute, meaning the case could potentially be filed again.
Wedington did not pay the required fee. He also did not contact the court to request additional time. Magistrate Judge Rau therefore recommended dismissing the complaint without prejudice.
Objection and ruling
Wedington objected to the recommendation. The court reviewed the portions of the recommendation to which he made specific objections. It found that his objections did not address the basis for the recommended dismissal.
Under Federal Rule of Civil Procedure 41(b), the court dismissed the action without prejudice for failure to prosecute because Wedington had not paid the initial partial filing fee and had not sought more time to pay it. The court overruled the objection, adopted Magistrate Judge Rau’s report and recommendation in its entirety, and dismissed the complaint without prejudice. Judge Susan Richard Nelson ordered that judgment be entered.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.