Opinion

Osborn v. Dunklin County

Court
District Court, E.D. Missouri
Filed
Jun 10, 2020
Cited by
0 cases
Authority
More cited than 24.0%

a district court has the power to dismiss an action for the plaintiff's failure to comply with any court order

How later courts described this case

  • a district court has the power to dismiss an action for the plaintiff's failure to comply with any court order

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

SOUTHEASTERN DIVISION

ELDON G. OSBORN, )

)

Plaintiff, )

)

v. ) No. 1:19-cv-203-HEA

)

DUNKLIN COUNTY, )

)

Defendant. )

OPINION, MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff initiated this case on

November 18, 2019, and filed a motion for leave to proceed in forma pauperis. The Court granted

the motion and reviewed the complaint pursuant to 28 U.S.C. § 1915(e)(2), and determined that it

failed to state a claim upon which relief may be granted against the defendant. On April 3, 2020,

the Court entered an order directing plaintiff to file an amended complaint to cure the defects. In

the order, the Court clearly explained why the complaint was subject to dismissal, gave plaintiff

clear instructions about how to prepare the amended complaint, and cautioned him that his failure

to timely comply with the order would result in the dismissal of his case without further notice.

Plaintiff’s response was due to the Court on May 4, 2020. To date, however, he has neither

complied with the Court’s order, nor sought additional time to do so. The Court gave plaintiff

meaningful notice of what was expected, cautioned him that his case would be dismissed if he

failed to timely comply, and gave him significant additional time to comply. Therefore, this action

will be dismissed without prejudice due to plaintiff’s failure to comply with this Court’s April 3,

2020 order and his failure to prosecute his case. See Fed. R. Civ. P. 41(b); see also Brown v. Frey,

806 F.2d 801, 803-04 (8th Cir. 1986) (a district court has the power to dismiss an action for the

plaintiff's failure to comply with any court order); Dudley v. Miles, 597 F. App’x 392 (8th Cir.

2015) (per curiam) (affirming dismissal without prejudice where pro se plaintiff failed to file an

amended complaint despite being cautioned that dismissal could result from failure to do so).

Accordingly,

IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. A

separate order of dismissal will be entered herewith.

IT IS HEREBY CERTIFIED than an appeal from this dismissal would not be taken in

good faith.

Dated this 10" day of June, 2020.

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.

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.