Opinion

Woods v. United States

Court
District Court, E.D. Missouri
Filed
May 13, 2021
Cited by
0 cases
Authority
More cited than 24.1%

a district court has the power to dismiss an action for the movant’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 movant’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

RODNEY WOODS, )

Movant,

v. No. 4:20-cv-1870-JAR

UNITED STATES OF AMERICA,

Respondent.

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Movant Rodney Woods initiated

this action on December 23, 2020 by filing a document that appeared to constitute an attempt to

file a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence. However, he

did not use the proper form as required by the Local Rules of this Court, and important

information was omitted. Movant also failed to sign the document.

On February 17, 2021, the Court entered an order directing movant to file an amended

and signed motion on the proper form, and on March 17, 2021, the Court sua sponte gave

movant additional time, to and including April 19, 2021, to comply with the February 17, 2021

order. In both orders, the Court cautioned movant that his failure to timely comply could result in

the dismissal of this action without further notice.

Movant’s response was due to the Court on April 19, 2021. To date, however, he has

neither complied with the Court’s orders, nor sought additional time to do so. The Court gave

movant meaningful notice of what was expected, cautioned him that his case could be dismissed

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

action will be dismissed due to movant’s failure to comply with this Court’s February 17, 2021

and March 17, 2021 orders, 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 movant’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

movant 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 FURTHER ORDERED that plaintiff's Motion to Appoint Counsel (ECF No. 5)

is DENIED as moot.

Dated this 13"" day of May, 2021.

pe AN ke

JO NAR OSS

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.