Coon v. Trans Am Financial Services

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Christopher Coon, 	)
) 	REPORT AND RECOMMENDATION
Plaintiff, 	)
)
vs. 	)
)
Trans Am Financial Services, 	) 	Case No. 1:25-cv-279
)
Defendant. 	)
On December 10, 2025, Plaintiff filed an Application to Proceed in District Court without
Prepaying Fees or Costs (“Application”). (Doc. No. 1). The undersigned reviewed the application
and concluded that Plaintiff appeared to have ample resources and could therefore pay the civil filing
fee. Consequently, the undersigned issued a report recommending that the Court deny the
Application and require Plaintiff to pay the civil filing fee by January 23, 2026, to avoid dismissal
of this action without prejudice. (Doc. No. 5).
On January 8, 2026, the Court adopted the undersigned’s report and recommendation over
Plaintiff’s objection, denied Plaintiff’s Application, required Plaintiff to pay the civil filing fee by
January 23, 2026, to avoid the dismissal of this action without prejudice. (Doc. No. 7).
To date Plaintiff has not paid the civil filing fee. Consequently, the undersigned
RECOMMENDS that the court dismiss this action without prejudice for failure to prosecute. See
Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (district courts have the inherent power to
dismiss a case sua sponte for failure to prosecute); see also Sterling v. United States, 985 F.2d 411,
412 (8th Cir. 1993) (same); Fed. R. Civ. P. 41(b).
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NOTICE OF RIGHT TO FILE OBJECTIONS
Plaintiff shall have until March 6, 2026, to file an objection to this Report and
Recommendation. D.N.D. Civ. L.R. 721.(D)(3). Failure to file appropriate objections may result
in the recommended action being taken without further notice or opportunity to respond.
Dated this 23rd day of February, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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