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