Friday v. Peters
- Katherine Menendez
- 0:23-cv-02870
- U.S. District Court · District of Minnesota
- 2
In Friday v. Peters, Judge Menendez dismissed the action without prejudice for failure to prosecute and denied the fee-waiver application as moot.
Cleone Cecelia Friday’s action was dismissed without prejudice, and her application to proceed without prepaying fees or costs was denied as moot. The opinion does not describe the underlying claims or determine their merits.
What happened
In Friday v. Peters, Cleone Cecelia Friday did not pay the required initial partial filing fee of $64.70, and she did not submit objections to the recommended dismissal or other filings after early October.
The magistrate judge recommended dismissing the action without prejudice for failure to prosecute. The district court reviewed the recommendation for clear error because Friday filed no objections and adopted it in full.
Judge Katherine Menendez dismissed Friday’s action without prejudice under Federal Rule of Civil Procedure 41(b) and denied her application to proceed without prepaying fees or costs as moot.
The detailed version
- Friday v. Peters · No. 0:23-cv-02870
- Katherine Menendez
- Mar. 11, 2024
Background
Cleone Cecelia Friday brought this action against Colette Peters and other defendants. The opinion states that Friday was a federal inmate at the Federal Correctional Institution in Waseca, Minnesota. To continue the case, she was required to submit an initial partial filing fee of $64.70, but she did not pay it. She also did not file objections to the magistrate judge’s recommendation or submit anything after early October, when she filed documents supporting her complaint.
Report and Recommendation
Magistrate Judge David T. Schultz recommended dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Because Friday filed no objections, the district court reviewed the recommendation for clear error rather than conducting a new review of disputed issues. The court found no error, clear or otherwise.
Ruling
Judge Katherine Menendez adopted the Report and Recommendation in its entirety. The court dismissed Friday’s action without prejudice under Rule 41(b) for failure to prosecute. The court also denied Friday’s Application to Proceed in District Court Without Prepaying Fees or Costs as moot and directed that judgment be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.