the authority of a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”
How later courts described this case
- the authority of a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”
- 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
NORTHERN DIVISION
TIFFANY BELL, )
)
Plaintiff, )
)
v. ) No. 2:22-CV-31-SPM
)
CHANDA BLACKHEAD, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Tiffany Bell commenced
this civil action on May 23, 2022, by filing a handwritten complaint and an unsigned motion to
proceed in forma pauperis. ECF Nos. 1-2. On June 6, 2022, after finding Plaintiff’s pleadings
defective for not being filed on court-provided forms, the Court ordered Plaintiff to submit a new
motion to proceed in forma pauperis and an amended complaint. ECF No. 4. The Court cautioned
Plaintiff that her failure to timely comply with the Order would result in the dismissal of her case
without further notice. Plaintiff’s response was due by July 6, 2022.
To date, Plaintiff has neither responded to the Court’s Order, nor sought additional time to
do so. Plaintiff was given meaningful notice of what was expected, she was cautioned that her
case would be dismissed if she failed to timely comply, and she was given ample time to comply.
The Court will therefore dismiss this action, without prejudice, due to Plaintiff’s failure to comply
with the Court’s June 6, 2022 Order and her failure to prosecute her case. See Fed. R. Civ. P.
41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (the authority of a court to
dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily
vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition
of cases”); Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986) (a district court has the power to
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.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this 25th day of July, 2022.
Ranntided. Lipite
RONNIEL.WHITE = ssi—‘“‘:;~*~™S
UNITED STATES DISTRICT JUDGE