Opinion

Whitley v. Precythe

Court
District Court, E.D. Missouri
Filed
Sep 13, 2023
Cited by
0 cases
Authority
More cited than 24.2%

“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

D’ANDRE WHITLEY, )

)

Plaintiff, )

)

v. ) No. 4:23-CV-898-MTS

)

ANNE L. PRECYTHE, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. On July 10, 2023, fourteen

inmates incarcerated at the Missouri Eastern Correctional Center (“MECC”) filed a putative

“class action” lawsuit pursuant to 42 U.S.C. § 1983. The complaint asserted claims against

prison officials on behalf of a group of inmates as a whole. Although D’Andre Whitley’s name

was included in the list of plaintiffs, he did not personally sign the complaint. Also, he did not

pay the required filing fee, or move for leave to proceed without prepayment of such fee.

This action was opened after Whitley was severed from the originating action. On July

28, 2023, this Court entered an order giving Whitley the opportunity to file a signed amended

complaint to assert his own claims for relief. Doc. [3]. The Court also directed Whitley to either

pay the required filing fee, or file a motion for leave to proceed in forma pauperis. Id. The

Court gave Whitley clear instructions about how to prepare the amended complaint, and

cautioned him that his failure to comply would result in the dismissal of this action, without

prejudice and without further notice. Id.

Whitley’s response was due on Monday, August 28, 2023. To date, however, he has not

complied with the July 28, 2023, Memorandum and Order, or sought additional time to do so.

Whitley was given meaningful notice of what was expected, cautioned that this action would be

dismissed if he failed to timely comply, and given additional time to comply. Therefore, this

action will be dismissed, without prejudice, due to Whitley’s failure to comply with the Court’s

July 28, 2023, Memorandum and Order and his failure to prosecute this case. See Fed. R. Civ. P.

41(b); see also Brown vy. 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. _

Dated this 13th day of September 2023 | “| / | | acer tie

MATTHEW T. SCHELP

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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