Opinion

Jones v. Jefferson County Jail

Court
District Court, E.D. Missouri
Filed
Jan 28, 2022
Cited by
0 cases
Authority
More cited than 24.2%

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

ADAM JONES, )

)

Plaintiff, )

)

vs. ) Case No. 4:21-CV-1490 PLC

)

JEFFERSON COUNTY JAIL, )

)

Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. On December 17, 2021, self-

represented plaintiff Adam Jones filed a nine-page handwritten document, which the Court

construed as a civil complaint brought pursuant to 42 U.S.C. § 1983. ECF No. 1. Plaintiff stated

he was an inmate at the Jefferson County Jail, and complained he and other inmates were denied

legal books and resources, hygiene products, and clean towels and socks. He further indicated he

was not permitted access to allergy, head cold, and mental health medication.

On December 22, 2021, the Court reviewed plaintiff’s complaint pursuant to 28 U.S.C.

§ 1915. ECF No. 3. The Court determined this action was subject to dismissal because the

complaint was not drafted on a Court form, did not contain a caption listing the specific defendants

he intended to sue, and failed to allege how the defendant(s) were personally responsible for the

alleged violation of his constitutional rights. Id. at 3. Further, to the extent he intended to bring a

claim on behalf of other inmates, such an attempt was impermissible because a self-represented

individual can only litigate an interest personal to himself. Id. at 3-4.

The Court directed plaintiff to file an amended complaint to cure his pleading deficiencies

and provided him with clear instructions on how to amend. Plaintiff was also directed to either pay

the $402 civil filing fee to initiate the instant matter in this Court or file an application to proceed

in forma pauperis. Plaintiff was provided with the appropriate Court forms and warned that his

failure to timely comply would result in the dismissal of this action without prejudice and without

further notice.

Plaintiff’s amended complaint and motion to proceed in forma pauperis, or payment of the

civil filing fee, was due on January 21, 2022. To date, however, he has not complied with the

Court’s December 22, 2021 Memorandum and 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 additional time. Therefore, this action

will be dismissed without prejudice for failure to comply with the Court’s Order and 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 self-represented 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 U.S.C. § 1915(g).

Accordingly,

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

separate order of dismissal will be entered herewith.

2

IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in

good faith.

Dated this 28th day of January, 2022.

i ff A. ROSS

NITED 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.

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