stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)
How later courts described this case
- stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
KIMOND DAVIS PLAINTIFF
v. Civil No. 4:18-cv-04064
SHERIFF JACKIE RUNION;
WARDEN JEFFIE WALKER;
CAPTAIN GOLDEN ADAMS;
SERGEANT ALLEN GRIFFEN;
LIEUTENANT MILLER DEFENDANTS
ORDER
On April 24, 2018, Clifton O. Solomon filed a civil rights case pursuant to 42 U.S.C.
§1983 on his own behalf and on behalf of a number of other inmates of the Miller County
Detention Center, including Kimond Davis. As Clifton Solomon could not represent other
inmates, the claims were severed and this case was opened on behalf of Plaintiff Kimond Davis.
An order (ECF No. 2) was entered directing Plaintiff to file an amended complaint and an
in forma pauperis application by May 15, 2018. Plaintiff has not complied with that order.
Plaintiff has not communicated with the Court in any way. No mail has been returned as
undeliverable.
The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the
ground that the plaintiff failed to prosecute or failed to comply with orders of the court. Fed. R.
Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating that the district
court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a
district court has the power to dismiss an action based on “the plaintiff’s failure to comply with
any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis added).
Therefore, pursuant to Rule 41(b), this case should be and hereby is DISMISSED
WITHOUT PREJUDICE based on Plaintiff’s failure to obey an order of the Court and his
failure to prosecute this case.
IT IS SO ORDERED, this 31st day of May, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge