# Johnson v. Lewis

> District Court, E.D. Missouri · February 13, 2020

URL: https://www.frixlaw.com/law-library/cases/10232495

## Case

- **Court:** District Court, E.D. Missouri
- **Decided:** February 13, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10232495

## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

STANLEY JOHNSON, )
)
Plaintiff, )
)
v. ) No. 1:19-CV-234 SRC
)
JASON LEWIS, )
)
Defendant. )

MEMORANDUM AND ORDER

On December 31, 2019, the Court ordered plaintiff to filed an amended complaint on the
court-provided form and, if plaintiff maintains a prison account at his place of incarceration, to file
a certified copy of his prison account statement. ECF No. 4. The Court cautioned plaintiff that
his failure to timely comply with the order would result in the dismissal of his case. Plaintiff’s
response was due by January 30, 2020.
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 December 31, 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 plaintiff’s 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 13th day of February, 2020.

STEPHEN R. CLARK
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10232495. Public record. Not legal advice.