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
FAYETTEVILLE DIVISION
MELISSA ANN GLAROS PLAINTIFF
V. CASE NO. 5:19-cv-05151
TEACHERS CREDIT UNION; and
DOES 1-10 DEFENDANTS
OPINION AND ORDER
Plaintiff, Melissa Ann Glaros (“Glaros”), filed this action under the Fair Debt
Collection Practices Act. Glaros proceeds pro se and in forma pauperis.
By Order (Doc. 5) entered on August 7, 2019, Glaros was directed to file an
amended complaint. The amended complaint was to be filed by August 28, 2019.
Glaros was advised that failure to comply with the Order “shail result” in the dismissal of
the case. To date, Glaros has not filed an amended complaint. Glaros has not sought
an extension of time to comply with the Order. 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 an order of the
court. Fed. R. Civ. P. 41(b); Line 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 (Ath Cir 1986) (emprasis added). Additionally, Rule 5.5(c)(2\ of the Local Rulas
for the Eastern and Western Districts of Arkansas requires parties appearing pro se to
monitor the case, and to prosecute or defend the action diligently.
Therefore, pursuant to Rule 41(b), this Complaint should be and hereby is
DISMISSED WITHOUT PREJUDICE based on Glaros’ failure to prosecute this case, her
failure to obey the order of the Court, and her failure to comply with Local Rule 5.5(c)(2).
Fed. R. Civ. P. 41(b). fh
IT IS SO ORDERED on this _|2 ~ day of eerey pee
Tm wht ROOKS
UNITED*STATES DISTRICT JUDGE