Opinion

Bell v. Blackhead

Court
District Court, E.D. Missouri
Filed
Jul 25, 2022
Cited by
0 cases
Authority
More cited than 24.2%

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

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.