Opinion

Lear v. Brown

Court
District Court, W.D. Arkansas
Filed
Mar 2, 2021
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

ROBERT LLOYD LEAR PLAINTIFF

v. Civil No. 2:20-cv-02241

SHERIFF RON BROWN;

NURSE GOODWIN;

and DR. WHITE DEFENDANTS

ORDER

Currently before the Court is Plaintiff’s failure to obey a Court order and failure to

prosecute this case. This is a civil rights action filed by Plaintiff pursuant to 42 U.S.C. § 1983.

Plaintiff, Robert Lloyd Lear, proceeds in this matter pro se and in forma pauperis. (ECF Nos. 1,

2, 3).

Plaintiff’s Complaint was filed on December 22, 2020. (ECF No. 1). On January 7, 2021,

Plaintiff was directed to file an amended complaint by January 21, 2021. (ECF No. 6). The Order

states: “Failure to comply with this Order shall subject the case to dismissal.” (ECF No. 6).

An Order to Show Cause was entered on February 2, 2021. (ECF No. 7). Plaintiff was

given until February 16, 2021, to show cause why he failed to obey the Order of the Court. (Id.).

The Plaintiff has not responded to the Court’s Order.

Although pro se pleadings are to be construed liberally, a pro se litigant is not excused

from complying with substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir.

1984). Additionally, the Federal Rules of Civil Procedure specifically contemplate dismissal of a

case on the grounds that the plaintiff failed to prosecute or failed to comply with orders of the

court. Fed. R. Civ. P. 41(b); Link 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).

Plaintiff has failed to obey an order of the Court and has failed to prosecute this matter.

Pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2), Plaintiff’s Complaint

(ECF No. 1) should be and hereby is DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED THIS 2nd day of March 2021.

/s/ P. K. Holmes, III

P.K. HOLMES, III

U.S. DISTRICT JUDGE

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.