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
ASSEFA GABREL EGZIABHER, JR. PLAINTIFF
V. CASE NO. 5:20-CV-05005
OFFICER FAUBUS, Fayetteville
Police Department DEFENDANT
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 not incarcerated.
On August 21, 2020, the Defendant filed a Motion for Summary Judgment (Doc.
21). That same day, an Order (Doc. 24) was entered directing Plaintiff to file a response
to the Motion for Summary Judgment by September 11, 2020. Plaintiff was advised that
failure to respond to the Order would subject the case to dismissal without prejudice.
Plaintiff did not file a response to the Motion for Summary Judgment. On
September 18, 2020, a Show Cause Order (Doc. 25) was entered. Plaintiff was given
until October 9, 2020, to show cause why he failed to obey the Order of the Court.
Plaintiff has not responded to the Show Cause Order. He has not requested an
extension of time to file his response. No mail has been returned as undeliverable.
Plaintiff has failed to comply with the Court’s Orders (Docs. 24—25).
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 Complaint should be and hereby is
DISMISSED WITHOUT PREJUDICE based on Plaintiff's failure to prosecute this case,
his failure to obey the orders of the Court, and his failure to comply with Local Rule
5.5(c)(2). We
IT IS SO ORDERED on this lb day of October, 2020.
iS,
er ee
4 NITED STATES DISTRICT JUDGE