recycle bin not empty

Ok, so I have 300 some .mp3s in my recycle bin, and the damned thing will not empty. I can move files into it fine, but once there, it will not empty.
I have tried logging into safe mode and emptying it...no such luck.
Is this a known issue, or am I just doing it wrong?

I'm using build 5384 and have been for about a week and i had the same type of problem. It told me the folder ( in the bin ) was not emty and could not be deleted. I was also having other problems and did a repartition and re-install.
Since the re-install it seems a bit more stable.