Opinion

Krecker v. Brown

Court
District Court, W.D. Arkansas
Filed
Apr 13, 2020
Cited by
0 cases
Authority
More cited than 17.2%

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

FORT SMITH DIVISION

JAMES KRECKER PLAINTIFF

v. Civil No. 2:20-cv-02010

SHERIFF RON BROWN,

Crawford County, Arkansas;

CAPTAIN PATTY STROUD;

and LIEUTENANT C. DOWDY DEFENDANTS

OPINION AND ORDER

Plaintiff filed this action pursuant to 42 U.S.C. § 1983 on February 6, 2020. He proceeds

pro se and in forma pauperis.

On March 3, 2020, an Order (ECF No. 9) was entered directing Plaintiff to file an amended

complaint. Plaintiff was advised his original complaint was deficit because he: (1) failed to state

what actions each individual Defendant took that resulted in a violation his federal constitutional

rights; and, (2) failed to indicate if he suffered any physical injury or other damages as a result of

Defendants’ actions. Plaintiff was given detailed instructions regarding the filing of an amended

complaint.

Plaintiff filed his First Amended Complaint on March 11, 2020. (ECF No. 11). Contrary

to the Court’s direction, Plaintiff did not describe any actions taken by the Defendants that

allegedly resulted in a violation of his federal constitutional rights. Section 1983 requires a

showing of each Defendant’s personal involvement or responsibility for the constitutional

violations.

An Order (ECF No. 12) was entered on March 11, 2020, giving Plaintiff another chance to

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amend his complaint. Plaintiff was directed to submit a Second Amended Complaint by March

30, 2020. Once again, Plaintiff was given detailed instructions regarding the filing of an amended

complaint.

To date, Plaintiff has not filed a Second Amended Complaint. He has not filed a motion for

an extension of time. He has not contacted the Court in anyway.

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 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 action should be and hereby is DISMISSED

WITHOUT PREJUDICE based on Plaintiff’s failure to prosecute this case and his failure to

obey the orders of the Court. Fed. R. Civ. P. 41(b).

IT IS SO ORDERED this 13th day of April 2020.

/s/P.K. Holmes,

P. K. HOLMES, III

U.S. DISTRICT JUDGE

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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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