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
SOUTHEASTERN DIVISION
GREGORY EARL STEVENSON, )
Plaintiff,
v. No. 1:20CV271 SNLJ
CIARA SHAFFER, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff, an inmate at the Scott
County Jail, initiated this case on December 21, 2020 by filing a civil rights complaint under 42
U.S.C. § 1983 against six law enforcement officers. He also filed a motion 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 defective and subject to dismissal. On May 4, 2021, the
Court entered an order giving plaintiff the opportunity to file an amended complaint to cure the
defects. In that 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 him
that his failure to timely comply with the order would result in the dismissal of his case without
prejudice and without further notice.
Plaintiff's response was due to the Court on June 3, 2021. To date, however, he 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, this action will be dismissed without prejudice due to plaintiffs failure to comply
with this Court’s May 4, 2021 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). This dismissal will not count as a “strike” for purposes of 28
US.C. § 1915(g).
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 t day of June, 2021.
Jo QL
STEPHEN é LIMBAUGH, JR. Z
SENIOR UNITED STATES DISTRICT JUDGE