Reported / Citable
Background
Aleksey Krukovskiy filed this pro se civil action against LVNV Funding, LLC and moved to proceed in forma pauperis. The case was referred to a U.S. magistrate judge for case management, findings, and a recommended disposition under 28 U.S.C. § 636(b) and Special Order 3.
On May 30, 2026, the court ordered Krukovskiy to pay the $405 filing fee by June 29 after concluding from objective measures that payment likely would not cause him undue financial hardship. By July 16, he had neither paid the fee nor requested additional time.
The Court’s Holding
The magistrate judge recommended dismissing the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with the filing-fee order and failure to prosecute. The recommendation reasoned that Krukovskiy had received ample opportunity to respond but had implicitly declined or refused to do so.
The magistrate judge also recommended denying Krukovskiy’s motion to proceed in forma pauperis. The findings and recommendation were not a final dismissal order: the parties were advised that they could file specific written objections within 14 days after service.
Key Takeaways
- A federal court may dismiss an action on its own initiative under Rule 41(b) when a plaintiff fails to prosecute or obey a court order.
- The magistrate judge recommended dismissal without prejudice because Krukovskiy neither paid the court-ordered filing fee nor sought an extension by the deadline.
- The recommendation also called for denial of the in forma pauperis motion and allowed 14 days for specific written objections.
Why It Matters
The recommendation illustrates that pro se status does not excuse compliance with filing-fee orders and case deadlines. A plaintiff’s failure to respond can result in dismissal for want of prosecution even before the defendant has litigated the merits.
Because the proposed dismissal was without prejudice, it would not itself resolve the substantive claims against LVNV Funding on the merits. The district judge would still need to consider any timely objections and decide whether to accept, reject, or modify the recommendation.