“A district court has the power under Fed. R. Civ. P. 41(b) 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 under Fed. R. Civ. P. 41(b) 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
ROBERT A. MORROW, )
)
Plaintiff, )
)
v. ) No. 4:23-CV-153-SRW
)
HEATHER TURNER, et al. )
)
Defendants. )
MEMORANDUM AND ORDER
On February 9, 2023, Plaintiff Robert A. Morrow, a prisoner, instituted this action by filing
a civil rights complaint against five employees of the Missouri Department of Corrections.
Plaintiff also filed a motion seeking leave to proceed without prepaying fees or costs. The Court
granted the motion and assessed an initial partial filing fee, and reviewed the complaint in
accordance with 28 U.S.C. § 1915(e)(2). Upon such review, the Court determined that the
complaint failed to state a claim upon which relief may be granted, and was subject to dismissal.
On May 23, 2023, the Court entered an order giving Plaintiff the opportunity to file an
amended complaint. In that order, the Court clearly explained why the complaint was subject to
dismissal, gave Plaintiff clear instructions about how to prepare the amended complaint, and
cautioned him that his failure to timely file an amended complaint could result in the dismissal of
his case without prejudice and without further notice. The Court also directed Plaintiff to pay an
initial partial filing fee.
Plaintiff’s response was due to the Court on June 22, 2023. To date, however, he has not
filed an amended complaint or 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 waited an additional period of time for him to comply. Therefore,
this action will be dismissed without prejudice due to Plaintiff’s failure to comply with the Court’s
May 23, 2023 order and his failure to prosecute this case. See Fed. R. Civ. P. 41(b); Brown v.
Frey, 806 F.2d 801, 803 (8th Cir. 1986) (“A district court has the power under Fed. R. Civ. P.
41(b) 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 than an appeal from this dismissal would not be taken in
good faith.
Dated this 6th day of July, 2023.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE