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
MATTHEW SMITH PLAINTIFF
V. CASE NO. 5:19-CV-05209
SHERIFF SHAWN HOLLOWAY,
Benton County, Arkansas; and
DEPUTY COBB DEFENDANTS
OPINION AND ORDER
This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983.
Plaintiff proceeds pro se and in forma pauperis. Plaintiff is incarcerated in the Benton
County Detention Center.
By Order (Doc. 3) entered on November 4, 2019, Plaintiff was directed to file an
amended complaint. The amended complaint was to be filed by November 30, 2019.
Plaintiff was advised that failure to comply with the Order “shall” result in the dismissal of
the case.
To date, Plaintiff has not filed an amended complaint. Plaintiff 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 (8th Cir. 1986) (emphasis added). Additionally, Rule 5.5(c)(2) of the Local Rules
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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 case should be and hereby is DISMISSED
WITHOUT PREJUDICE based on Plaintiff’s failure to prosecute the case, his failure to
obey the order of the Court, and his failure to comply with Local Rule 5.5(c)(2). Fed. R.
Civ. P. 41(b).
IT IS SO ORDERED on this 5th day of December, 2019.
/s/ Timothy L. Brooks_____________________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
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