Long v. D.O.C.-Department of Corrections-MN

Background

Reginald B. Long filed this action against several government officials on November 30, 2023. His complaint stated that he intended to amend his claims. The court gave him an opportunity to file an amended complaint before conducting the required review under 28 U.S.C. § 1915A, but he did not file one within the stated 30-day period.

Long had been incarcerated at the Ramsey County Correctional Facility when he filed the action, but he was no longer there and had not provided the court with a way to contact him. The court ordered him to provide updated contact information within 30 days and warned that failing to do so could lead to a recommendation that the case be dismissed without prejudice for failure to prosecute. Long did not respond. The court also noted that earlier orders had not been mailed to him because mail previously sent by the court had been returned as undeliverable.

Report and Recommendation

Magistrate Judge Leo I. Brisbois recommended dismissal under Federal Rule of Civil Procedure 41(b), which permits dismissal for failure to prosecute. He concluded that Long had not complied with the deadline, had not provided a way for the court to send him correspondence, and appeared not to intend to continue prosecuting the action.

Ruling

Because no objections were filed, the district court reviewed the recommendation for clear error. Judge Katherine Menendez agreed that the case should be dismissed. The court accepted the Report and Recommendation and dismissed the action without prejudice under Rule 41(b) for failure to prosecute. The order describes no ruling on the underlying claims.