Opinion

Lee v. Metropolitan St. Louis Sewer District

Court
District Court, E.D. Missouri
Filed
Jul 10, 2023
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

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

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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