Purdy v. Wilkins
- Susan Nelson
- 0:21-cv-00315
- U.S. District Court · District of Minnesota
- 2
In Purdy v. Wilkins, Judge Nelson dismissed the action without prejudice because Purdy did not pay the required initial partial filing fee.
Jeffrey Colin Purdy's action against Stephanie Wilkins, Justin Neumann, Chris Baukol, Jesse Gilbertson, and Patrick M. Rielly was dismissed without prejudice because Purdy did not pay the required initial partial filing fee.
What happened
In Purdy v. Wilkins, the court required Jeffrey Colin Purdy to pay an initial partial filing fee of at least $43.33 for the case to continue. The court gave him 20 days to pay.
Purdy did not pay the required fee by the deadline. The court therefore dismissed the action for failing to prosecute, meaning he did not move the case forward as required.
Judge Susan Richard Nelson dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b).
The detailed version
- Purdy v. Wilkins · No. 0:21-cv-00315
- Susan Nelson
- Mar. 29, 2023
Background
Jeffrey Colin Purdy, who represented himself, brought this action against Stephanie Wilkins, Justin Neumann, Chris Baukol, Jesse Gilbertson, and Patrick M. Rielly. On February 28, 2023, the court lifted the stay in the action and ordered Purdy to submit an initial partial filing fee of at least $43.33 if he wanted the case to proceed. The court gave him until March 20, 2023, to pay.
Court’s ruling
Purdy did not submit the required fee by the deadline. The court dismissed the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute, meaning failure to move the case forward or comply with a court order.
Disposition
The court ordered that the action be dismissed without prejudice. This means the dismissal did not bar refiling, subject to any applicable requirements or limitations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.