Opinion

Boykins v. Vandergriff

Court
District Court, E.D. Missouri
Filed
Nov 14, 2022
Cited by
0 cases
Authority
More cited than 24.2%

a district court has the power to dismiss an action for the plaintiffs 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 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

EASTERN DIVISION

TIMOTHY BOYKINS, )

)

Petitioner, )

)

v. ) No. 4:22-CV-667-SPM

)

DAVID VANDERGRIFF, )

)

Respondent. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. On or about June 23, 2022,

petitioner Timothy Boykins instituted this action by filing a document indicating an intent to

seek relief pursuant to 28 U.S.C. § 2254. He did not pay the filing fee or move for leave to

proceed without payment of such fee. On August 9, 2022, the Court entered an order directing

Petitioner to file a Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus on the proper

form, and to either pay the filing fee or file a motion for leave to proceed in forma pauperis. In

that order, the Court cautioned Petitioner that his failure to timely comply may result in the

dismissal of this action, without prejudice and without further notice.

Petitioner did not respond to the Court’s order, or seek additional time to do so. On

September 30, 2022, the Court on its own motion entered an order giving Petitioner additional

time, again cautioning him that dismissal could result from his failure to timely comply.

Petitioner’s response was due no later than October 29, 2022. To date, Petitioner has not

responded to the Court’s order or sought additional time to do so.

The situation before the Court is one in which Petitioner has failed to respond to two

court orders, and in fact has not appeared in this case at all since instituting it. The Court gave

Petitioner meaningful notice of what was expected and ample time to comply, and twice

cautioned him that dismissal could result from his failure to comply. The Court will therefore

dismiss this action at this time, without prejudice, due to petitioner’s failure to comply with the

Court’s August 9, 2022 and September 30, 2022 orders, and his failure to prosecute this 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 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.

RONNIE L. WHITE

UNITED STATES DISTRICT JUDGE

Dated this 14th day of November, 2022.

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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