Opinion

Dillon v. Moore

Court
District Court, W.D. Arkansas
Filed
Nov 8, 2018
Cited by
0 cases
Authority
More cited than 17.2%

finding that the district court possesses the power to dismiss sua sponte under Rule 41(b)

How later courts described this case

  • finding 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

HARRISON DIVISION

LUTHER WAYNE DILLON PLAINTIFF

Vv. CASE NO. 3:18-CV-03107

SHERIFF MIKE MOORE, Boone

County, Arkansas; and JAIL ADMINISTRATOR

JASON DAY DEFENDANTS

OPINION AND ORDER

This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed his

Complaint on October 9, 2018. (Doc. 2). The case was transferred from the Eastern

District of Arkansas pursuant to an Order (Doc. 3) entered on October 11, 2018.

Plaintiff submitted a motion (Doc. 1) to proceed in forma pauperis (“IFP”).

However, the jail certificate of account was dated in May of 2018. By Order entered on

October 12, 2018, (Doc. 6), Plaintiff was directed to provide an updated certificate of

account by October 29, 2018. The Clerk was directed to mail the Plaintiff an IFP form,

and the docket reflects that the form was actually mailed. Further, Plaintiff was explicitly

advised in the Order that failing to comply with its requirements would result in the

dismissal of his case.

The Federal Rules of Civil Procedure specifically contemplate dismissal of a case

on the grounds that the plaintiff failed to prosecute or failed to comply with orders of the

Court. See Fed. R. Civ. P. 41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626,

630-31 (1962) (finding 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) (quoting Haley v. Kansas City Star, 761 F.2d 489,

491 (8th Cir. 1985)).

To date, Plaintiff has not submitted an updated account certificate. He has not

requested an extension of time to do so. He has not communicated with the Court in

any way. Accordingly, this case is DISMISSED WITHOUT PREJUDICE pursuant to

Rule 41(b) of the Federal Rules of Civil Procedure for failure to obey an Order of the

Court.

IT IS SO ORDERED on this day of Nayember, 2018.

we 6 fe S

SNITEDLSTATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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