District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of discretion
How later courts described this case
- District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of discretion
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
BYRON BROWN PLAINTIFF
v. No: 4:21-cv-00570-JM
RODNEY WRIGHT, et al. DEFENDANTS
ORDER
Plaintiff Byron Brown filed a pro se complaint, pursuant to 42 U.S.C. § 1983, on June 24,
2021 (Doc. No. 1). On June 25, 2021, the Court entered an order directing Brown to submit the
full $402.00 filing and administrative fees or file a fully completed in forma pauperis application
within 30 days. See Doc. No. 2. Brown was cautioned that failure to comply with the Court’s
order within that time would result in the dismissal of his case.
More than 30 days have passed, and Brown has not complied or otherwise responded to
the June 25 order. Accordingly, the Court finds that this action should be dismissed without
prejudice for failure to comply with Local Rule 5.5(c)(2) and failure to respond to the Court’s
orders. See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (District courts have inherent power
to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for
abuse of discretion).
IT IS THEREFORE ORDERED THAT Brown’s complaint (Doc. No. 1) is DISMISSED
WITHOUT PREJUDICE.
DATED this 5" day of August, 2021.
UNITED S itis teh JUDGE