the authority of a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”
How later courts described this case
- the authority of a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”
- a district court has the power to dismiss an action for the plaintiffs failure to comply with any court order
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHERIDAN ARLAND LANE, II, )
)
Plaintiff, )
)
v. ) No. 4:19-CV-1904 SPM
)
BRENDA SHORT, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Sheridan Arland Lane, II
commenced this civil action on July 8, 2019, by filing a complaint under 42 U.S.C. § 1983 against
eight defendants. On November 6, 2019, the Court granted plaintiff in forma pauperis status and
directed him to file an amended complaint on the Court-provided form within thirty (30) days.
ECF No. 8. The Court cautioned plaintiff that his failure to timely comply with the order could
result in the dismissal of his case. Plaintiff’s response was due by December 6, 2019.
To date, plaintiff has neither responded to the Court’s order, nor sought additional time to
do so. Plaintiff was given meaningful notice of what was expected, he was cautioned that his case
would be dismissed if he failed to timely comply, and he was given ample time to comply. The
Court will therefore dismiss this action, without prejudice, due to plaintiff’s failure to comply with
the Court’s November 6, 2019, order and his failure to prosecute his case. See Fed. R. Civ. P.
41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (the authority of a court to
dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily
vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition
of cases”); Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986) (a district court has the power to
dismiss an action for the plaintiffs failure to comply with any court order).
Accordingly,
IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. A separate
order of dismissal will be entered herewith.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this 30th day of December, 2019.
i RAC
STEPHENR.CLARK isis
UNITED STATES DISTRICT JUDGE