Burns-Jackson v. United States

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

DEMETRIUS BURNS-JACKSON, )

)

Movant, )

)

v. ) No. 4:21-CV-1078-RLW

)

UNITED STATES OF AMERICA, )

)

Respondent. )

MEMORANDUM AND ORDER

This matter is before the Court on review of the file. Movant Demetrius Burns-Jackson

initiated this civil action by filing a letter addressed to “Court Clerk.” (ECF No. 1). While it

appeared movant intended to seek relief pursuant to 28 U.S.C. § 2255, he did not use the proper

form as required by this Court’s Local Rules and important information was omitted. In an order

dated September 20, 2021, this Court directed movant to file an amended motion on the proper

form and return it no later than October 20, 2021. The Court cautioned movant that his failure to

timely comply with the order could result in the dismissal of this case, without prejudice and

without further notice.

To date, movant has not complied with the Court’s order or sought additional time to do

so. Movant was given meaningful notice of what was expected, he was cautioned that his case

would be dismissed if he failed to timely comply, and he was given ample additional time to

comply. Therefore, this action will be dismissed at this time, without prejudice, due to movant’s

failure to prosecute his case and his failure to comply with the Court’s September 20, 2021 order.

See Fed. R. Civ. P. 41(b); see also Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (a

district court may dismiss an action for the plaintiff’s failure to comply with any court order).

Accordingly,

IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. A

separate order of dismissal will be entered herewith.

RONNIE L. WHITE

UNITED STATES DISTRICT JUDGE

Dated this 22nd day of November, 2021.