Lewis v. Dayton et al

Filing 22

ORDER OF DISMISSAL. This case is dismissed without prejudice for failure to prosecute. Denying as moot 2 Application to Proceed in District Court without Prepaying Fees or Costs; and denying as moot 4 Motion to Appoint Counsel. (Written Opinion) Signed by Judge Susan Richard Nelson on 10/3/2022. (SMD) cc: Lewis at MSOP on 10/3/2022 (JME).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Brandy Owen Lewis,

Case No. 12-CV-0593 (SRN/ECW)

Plaintiff,
ORDER OF DISMISSAL

v.
Governor Mark Dayton, 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 Brandy Owen Lewis was twice directed to
provide notice of his intent to continue prosecuting this proceeding. See Order of June 27,
2022 [Doc. No. 19]; Order of August 25, 2022 [Doc. No. 20]. In the second of those two
orders, Lewis 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 Lewis 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

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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 Lewis 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 Brandy Owen

Lewis [Doc. No. 2] is DENIED AS MOOT.
3.

Lewis’s motion for appointment of counsel [Doc. No. 4] is DENIED AS

MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 3, 2022

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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