# Rogers v. Holloway

> District Court, W.D. Arkansas · February 6, 2020

URL: https://www.frixlaw.com/law-library/cases/10010451

## Case

- **Court:** District Court, W.D. Arkansas
- **Decided:** February 6, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10010451

## How later opinions describe it (automated extraction)

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

## Opinion text

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

CHARLES ROGERS PLAINTIFF

v. Civil No. 5:19-cv-05229

SHERIFF SHAWN HOLLOWAY;
DETECTIVE MATTHEW CLINE; and
NORTHWEST MEDICAL CENTER 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 (ECF No. 3) entered on December 12, 2019, Plaintiff was directed to file an
amended complaint. The amended complaint was to be filed by January 2, 2020. Plaintiff was
advised that failure to comply with the Order “shall result” in the dismissal of the case.
Plaintiff failed to file an amended complaint. On January 14, 2020, a Show Cause Order
(ECF No. 6) was issued. Plaintiff was given until January 30, 2020, to show cause why this action
should not be dismissed based on Plaintiff’s failure to comply with the orders of the Court and his
failure to prosecute this 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
1
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 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 Plaintiff’s failure to prosecute this case, his failure to obey
the order of the Court, and his failure to comply with Local Rule 5.5(c)(2).
IT IS SO ORDERED this 6th day of February 2020.

/s/P.K. Holmes,

P. K. HOLMES, III
U.S. DISTRICT JUDGE

2

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10010451. Public record. Not legal advice.