a district court has the power to dismiss an action for the plaintiff's failure to comply with any court order
How later courts described this case
- 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
CLINT PHILLIPS, III, )
)
Plaintiff, )
)
v. ) No. 4:24-CV-00009-AGF
)
ST. LOUIS COUNTY, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff instituted this case on or
about January 2, 2024 by filing a civil complaint, but he did not pay the required filing fee or file
a motion seeking leave to proceed without prepayment of such fee. On January 18, 2024, the
Court entered an order directing him to do one or the other. Plaintiff’s response was due on
February 1, 2024.
On January 23, 2024, Plaintiff filed a document titled “Caselaw in reference to
compensatory damages: Case No. 4:24-cv-00009-AGF.” (ECF No. 3). The document is unsigned.
As indicated by the title, the document contains case citations that Plaintiff appears to believe
support the claims he asserts in the Complaint. The document contains nothing that can be
interpreted as addressing the Court’s January 18, 2024 Order. To date, Plaintiff has filed nothing
else.
Plaintiff was given meaningful notice of what was expected, and he was given ample time
to comply. However, he has not complied with the Court’s January 18, 2024 Order, or sought
additional time to do so. The Court will dismiss this action at this time, without prejudice, due to
Plaintiff’s failure to comply with the Court’s January 18, 2024 Order. See Fed. R. Civ. P. 41(b);
see also Brown v. Frey, 806 F.2d 801, 803-04 (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.
Dated this 12th day of February, 2024.
UNITED STATES DISTRICT JUDGE