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
EASTERN DIVISION
TRAMON J. LEE, )
)
Plaintiff, )
)
v. ) No. 4:23-cv-424 SPM
)
METROPOLITAN ST. LOUIS SEWER )
DISTRICT, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. Plaintiff Tramon J. Lee commenced
this employment discrimination action on April 4, 2023, alleging harassment and retaliation by his
former employer, Metropolitan St. Louis Sewer District. ECF No. 1. On May 16, 2023, the Court
granted Plaintiff’s motion for leave to proceed in forma pauperis and directed Plaintiff to file an
amended complaint within thirty (30) days. ECF No. 5. The Court cautioned Plaintiff that his
failure to timely comply with the Order would result in the dismissal of the case without further
notice. Plaintiff’s response was due by June 15, 2023.
To date, Plaintiff has not responded to the Court’s Order or 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 May 16, 2023 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 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 10th day of July, 2023.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE