govinfo:USCOURTS-mnd-0_26-cv-02085-0

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA  
 
Richard A. Larson, Jr., 
 
   Plaintiff, 
 
v. 
 
Dakota County Jail/Detention Facility, 
including the Psych Unit; Dakota County 
Sheriff’s Office; City of West St. Paul 
Defendant; West St. Paul Police 
Department; Officer Swanson; Erickson; 
Deputy Hood; John/Jane Does 1-10; and 
John/Jane Does 11-21, 
 
   Defendants. 
Case No. 26-cv-02085 (LMP/ECW) 
 
 
 
REPORT AND RECOMMENDATION 
 
 
In an order dated April 21, 2026, this Court ordered Plaintiff Richard A. Larson, 
Jr., to submit an amended complaint in this action that (among other things) complied 
with the joinder provisions of the Federal Rules of Civil Procedures.  (See Dkt. 4 at 2-3.)  
Larson was given until 21 days (that is, until May 12, 2026) to submit an amended 
complaint, failing which the Court would recommend dismissing this action without 
prejudice, under Federal Rule of Civil Procedure 41(b), for failure to prosecute.  (Id. at 
4.) 
That deadline has now passed, and Larson has not submitted an amended 
complaint as required by the April 21, 2026 Order.  Indeed, Larson 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 
CASE 0:26-cv-02085-LMP-ECW     Doc. 5     Filed 05/20/26     Page 1 of 2
2 
without prejudice under Rule 41(b) for failure to prosecute.  See, e.g., Henderson v. 
Renaissance Grand 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.”).  
RECOMMENDATION 
Based upon the foregoing, and on all of the files, records, and proceedings herein, 
IT IS RECOMMENDED that: 
1. This action be DISMISSED WITHOUT PREJUDICE, under 
Federal Rule of Civil Procedure 41(b), for failure to prosecute.    
2. Plaintiff Richard A. Larson, Jr.’s Application to Proceed In Forma 
Pauperis (Dkt. 2) be DENIED as moot. 
Dated: May 20, 2026    /s/ Elizabeth Cowan Wright   
ELIZABETH COWAN WRIGHT 
  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). 
CASE 0:26-cv-02085-LMP-ECW     Doc. 5     Filed 05/20/26     Page 2 of 2

Passage view · GavelSight