Lindsey v. Swanson et al
Filing
19
ORDER OF DISMISSAL. This matter is dismissed without prejudice for failure to prosecute. Denying as moot 2 Application to Proceed in District Court without Prepaying Fees or Costs; denying as moot 4 Motion for Permanent Injunction; denying as moot 4 Motion for TRO; denying as moot 6 Motion for Declaratory Judgment. (Written Opinion) Signed by Judge Susan Richard Nelson on 10/3/2022. (SMD) Modified text on 10/3/2022 (SMD).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Dale Lindsey,
Case No. 11-CV-3674 (SRN/ECW)
Plaintiff,
ORDER OF DISMISSAL
v.
Lori Swanson, et al.,
Defendants.
SUSAN RICHARD NELSON, United States District Judge
This matter was stayed over a decade ago pending the resolution of Karsjens v.
Minnesota Department of Human Services, No. 11-cv-3659 (DWF/TNL). Judgment has
now been entered in Karsjens, and accordingly, the stay of this matter has now been lifted.
Prior to the lifting of the stay, plaintiff Dale Lindsey was twice directed to provide
notice of his intent to continue prosecuting this proceeding. See Order of June 27, 2022
[Doc. No. 16]; Order of August 25, 2022 [Doc. No. 17]. In the second of those two orders,
Lindsey was directed to inform the Court of his intent to prosecute this matter within
21 days, failing which this matter would be dismissed without prejudice for failure to
prosecute. See Fed. R. Civ. P. 41(b).
That deadline has now passed, and Lindsey has still not responded in any way to the
Court’s orders directing him to provide notice of his intent to prosecute. Accordingly, this
Court now directs, in accordance with its prior orders, that this action be dismissed without
prejudice under Rule 41(b) for failure to prosecute. See Henderson v. Renaissance Grand
1
Hotel, 267 F. 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.”). Each of the motions filed
by Lindsey at the time of the commencement of this action will be denied as moot in light
of the dismissal without prejudice for failure to prosecute.
Based on the submissions and the entire file and proceedings herein, IT IS
HEREBY ORDERED THAT:
1.
This matter is DISMISSED WITHOUT PREJUDICE for failure to
prosecute.
2.
The application to proceed in forma pauperis of plaintiff Dale Lindsey [Doc.
No. 2] is DENIED AS MOOT.
3.
Lindsey’s motion for a preliminary injunction and for a temporary restraining
order [Doc. No. 4] is DENIED AS MOOT.
4.
Lindsey’s motion for a declaratory judgment [Doc. No. 6] is DENIED AS
MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 3, 2022
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?