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
KIERSTAN LOVETT, )
Plaintiff,
V. Case No. 4:19-CV-3106-NCC
MERCY REHAB HOSPITAL ST. LOUIS,
et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff initiated this case on
November 15, 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 defendants. On July 23, 2020,
the Court entered an Order directing plaintiff to file an amended complaint to cure the defects.
(ECF No. 11). 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 failure to timely comply with the Order would result in the dismissal of her case.
Plaintiffs response was due to the Court on August 13, 2020. To date, however, she 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 her that the instant case would be
dismissed if she failed to timely comply, and gave her additional time to comply. Therefore, this
action will be dismissed without prejudice due to plaintiff's failure to comply with this Court’s
July 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 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 that an appeal from this dismissal would not be taken in
good faith.
Dated this 2’? day of August, 2020.
serve LMA
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE