Opinion

Chenevert v. Lunsford

Court
District Court, W.D. Arkansas
Filed
Apr 28, 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

FAYETTEVILLE DIVISION

BRETT THOMAS CHENEVERT PLAINTIFF

V. CASE NO. 5:20-CV-5172-TLB

JEFF LUNSFORD, MARY SMITH,

BLUE WATER TRANSPORT, LLC,

and JOHN DOES 1-3 DEFENDANTS

ORDER OF DISMISSAL

On April 12, 2021, the Court issued an Opinion and Order to Show Cause (Doc.

17) to Plaintiff Brett Thomas Chenevert as why this case should not be dismissed for

failure to prosecute. The Order denied Plaintiff's request for a default judgment as to

separate Defendants Mary Smith and Blue Water Transport, LLC because Plaintiff has

failed to serve the remaining named Defendant, Jeff Lunsford. Since Plaintiff's time to

serve Mr. Lunsford has expired, the Court also directed Plaintiff to file a written response

by April 26, 2021, to show cause as to why this case should not be dismissed for failure

to prosecute.

That deadline has come and gone without any response from Plaintiff. 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).

Therefore, pursuant to Rule 41(b), this case should be and hereby is DISMISSED

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

to obey the order of the Court. Fed. R. Civ. P. 41(b). The Clerk of Court is DIRECTED

to terminate the Motion for Default Judgment (Doc. 16).

IT IS SO ORDERED on this LE day of April, 2021.

MO@THY L. BROOKS

UNITED STATES 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.

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