Stelling v. Brown

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

RONALD RAY STELLING, )

)

Plaintiff, )

)

v. ) No. 4:23-cv-01379-RHH

)

RO BROWN, et al., )

)

)

Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court for review of the file. On or about October 25, 2023,

Plaintiff instituted this action by filing a civil complaint and a motion seeking leave to proceed in

forma pauperis. The Court granted Plaintiff’s motion, and reviewed the complaint pursuant to 28

U.S.C. § 1915(e). As fully explained in the Court’s February 22, 2024 Order, the complaint was

defective and subject to dismissal, and Plaintiff was directed to file an amended complaint to cure

the defects. The Court’s February 22, 2024 Order clearly explained the reasons the complaint was

subject to dismissal, and gave Plaintiff clear instructions about how to prepare the amended

complaint. The Order also cautioned Plaintiff that if he failed to timely comply with the Order,

his case could be dismissed without further notice.

Plaintiff’s response was due on March 14, 2024. To date, Plaintiff has not complied with

the Court’s Order, or sought additional time to do so. Plaintiff was given meaningful notice of

what was expected, and cautioned that his case would be dismissed if he failed to timely comply.

Therefore, the Court dismisses this action without prejudice due to Plaintiff’s failure to comply

with the Court’s February 22, 2024 Order, and his failure to prosecute this case. See Fed. R. Civ.

P. 41(b); 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 than an appeal from this dismissal would not be taken in

good faith. _

Dated this 20th day of March | i /

MATTHEW T. SCHELP

UNITED STATES DISTRICT JUDGE