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
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The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CLINT PHILLIPS, III, )
Plaintiff,
Vv. No. 4:24-cv-00305-RHH
UNKNOWN CHIEF MEDICAL
OFFICER, et al., )
Defendants.
MEMORANDUM AND ORDER
This matter is before the Court for review of the file. Plaintiff instituted this civil action
without paying the filing fee, or filing a motion for leave to proceed in forma pauperis. On
March 1, 2024, the Court entered an Order directing him to do one or the other. The Order
warned Plaintiff that if he did not timely comply, the Court would dismiss the case without
further notice.
Plaintiff's response was due on March 15, 2024. To date, Plaintiff has not complied with
the Order, or sought additional time to do so. Therefore, the Court dismisses this action, without
prejudice, due to Plaintiffs failure to comply with the Court’s March 1, 2024 Order. See Fed. R.
Civ. P. 41(b); 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 20th day of March | “| /
ATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE