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