Opinion

Jones v. Noga

Court
District Court, E.D. Missouri
Filed
Jun 26, 2020
Cited by
0 cases
Authority
More cited than 24.0%

a district court has the power to dismiss an action for the plaintiffs 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 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

KAREN TATUM JONES, )

Plaintiff,

V. No. 4:19-cv-3315-SNLJ

CARIANNE LARISSA NOGA, et al.,

Defendants.

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. For the reasons explained below,

this case will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

Plaintiff initiated this case on December 20, 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 was subject to dismissal. On April 23, 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 her that her failure

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

Plaintiff's response was due to the Court on May 26, 2020. To date, however, she has

neither responded to the Court’s order, nor sought additional time to do so. The Court gave

plaintiff meaningful notice of what was expected, cautioned her that her case would be dismissed

if she failed to timely comply, and gave her 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 23, 2020 order and her failure to prosecute her 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 plaintiffs 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 Fete day of June, 2020.

STEPHEN N. LIMBAUGH, JR.

UNITED STATES DISTRICT JUDGE

2 .

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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