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 plaintiffs 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
SHAWN OTTE, )
)
Plaintiff, )
)
v. ) No. 2:22-CV-66 CDP
)
RANDOLPH COUNTY, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Shawn Otte commenced
this civil action by filing a letter alleging that his arrest was unconstitutional and complaining about
his conditions of confinement at Randolph County Jail. See ECF No. 1. On September 19, 2022,
the Court ordered Plaintiff to file an amended complaint on a court-provided form, and to either
pay the filing fee or file a motion for leave to proceed in forma pauperis. See ECF No. 3. The
Court cautioned Plaintiff that his failure to timely comply with the Order would result in the
dismissal of his case without further notice. Id. at 2. Plaintiff’s response was due by October 19,
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, he was cautioned that his case
would be dismissed if he failed to timely comply, and he 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 September 19, 2022 Order, and his failure to prosecute his 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 plaintiffs 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 4th day of November, 2022.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE