McCourt
v.
Carver Cnty. Sheriff's Dep't

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTAJul 24, 2018
Case No. 18-CV-1651 (PJS/DTS) (D. Minn. Jul. 24, 2018)

Case No. 18-CV-1651 (PJS/DTS)

07-24-2018

NOAH J. MCCOURT, and all others similarly situated, Plaintiff, v. CARVER COUNTY SHERIFF'S DEPARTMENT; JEFFORD SESSIONS, Attorney General of the United States in his official capacity and his successors; ALEXANDER M. AZAR, Secretary of Health and Human Services in his individual capacity and his successors; KIRSTJEN NIELSEN, Secretary of Homeland Security in her individual capacity and her successors; LAURIE SWANSON, Attorney General in her individual capacity and her successors; TOM ROY, Commissioner of the Department of Corrections in his individual capacity and his successors; MONA DOHMAN; Commissioner of Public Safety in her individual capacity and her successors; EMILY PIPER JOHNSON, Commissioner of Human Services in her individual capacity and her successors; JAN MALCOLM, Commissioner of Health in her individual capacity and her successors; JAMES OLSON, Carver County Sheriff in his individual capacity and his successors; JASON KAMERUD, Carver County Sheriff Chief Deputy; ROD FRANKS, Director of Carver County Social Services in his individual capacity; MARK METZ, Carver County Attorney, in his individual capacity and his successors; PETER IVY, Chief Deputy Carver County Attorney; and DAVID HUNT, Assistant Carver County Attorney, Defendants.


REPORT AND RECOMMENDATION

In an order dated June 19, 2018, this Court pointed out several deficiencies in plaintiff Noah J. McCourt's complaint and ordered him to file an amended complaint. See ECF No. 3 (citing 28 U.S.C. § 1915(e)(2)(B)). McCourt was given 20 days to submit his amended complaint, failing which it would be recommended that this action be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b).

That deadline has now passed, and McCourt has not filed an amended complaint as previously ordered. In fact, McCourt has not communicated with the Court about this case at all since commencing this action. Accordingly, this Court now recommends, in accordance with its prior order, that this action be dismissed without prejudice under Rule 41(b) for failure to prosecute. See Henderson v. Renaissance Grand Hotel, 267 Fed. App'x 496, 497 (8th Cir. 2008) (per curiam) ("A district court has discretion to dismiss an action under Rule 41(b) for a plaintiff's failure to prosecute, or to comply with the Federal Rules of Civil Procedure or any court order.").

RECOMMENDATION

Based upon the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(b) for failure to prosecute. Dated: July 24, 2018

/s/_________


DAVID T. SCHULTZ


United States Magistrate Judge

NOTICE

Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), "a party may file and serve specific written objections to a magistrate judge's proposed finding and recommendations within 14 days after being served a copy" of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c).