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
FRANKLIN L. ASHLEY, )
)
Plaintiff, )
)
v. ) No. 4:23-CV-739 RLW
)
PHILLIP TIPPEN, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. Plaintiff Franklin Ashley commenced
this 42 U.S.C. § 1983 civil action on June 5, 2023, alleging violations of his civil rights at the
Potosi Correctional Center in Mineral Point, Missouri. ECF No. 1. On September 18, 2023, the
Court granted Plaintiff’s motion for leave to proceed in forma pauperis and directed Plaintiff to
file an amended complaint by October 30, 2023, six (6) weeks later. ECF No. 7. The Court
cautioned Plaintiff that his failure to timely comply with the Order would result in the dismissal
of the case without further notice.
To date, Plaintiff has neither responded to the Court’s Order, nor 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 September 18, 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.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
Dated this 7th day of November, 2023.