Opinion

Thomas v. St. Louis City Justice Center

Court
District Court, E.D. Missouri
Filed
Jul 28, 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

EASTERN DIVISION

CLYDE THOMAS, JR., )

Plaintiff,

V. No. 4:19-cv-3186-NCC

ST. LOUIS CITY JUSTICE CENTER, et al.,

Defendants.

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff, proceeding pro se,

initiated this case on December 2, 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). As fully explained in the Court’s April 22, 2020 order, the complaint was defective

and subject to dismissal, and the Court gave plaintiff the opportunity to file an amended

complaint to cure the defects. In doing so, 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 no later than May 22, 2020. On May 21, 2020,

plaintiff filed a notice of change of address. Concerned that plaintiff may not have received the

Court’s April 22, 2020 order, the Court resent it to him, and sua sponte gave him additional time,

to and including July 10, 2020, to comply. To date, however, plaintiff 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, the Court will dismiss

this action at this time without prejudice due to plaintiff's failure to comply with the Court’s

April 22, 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 ae, of July, 2020.

Peri

RONNIE L. WHITE

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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