a district court has the power 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 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
CLINT PHILLIPS, I, )
Plaintiff,
v. No. 4:24-CV-120 RLW
OFFICER UNKNOWN LAWTON, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. Plaintiff instituted this action
without paying the filing fee or filing a motion for leave to proceed in forma pauperis. On
March 28, 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
prejudice and without further notice. Plaintiff's response was due April 11, 2024. To date, he
has not complied with the Order or sought additional time to do so. Therefore, the Court will
dismiss this action, without prejudice, due to Plaintiffs failure to comply with the Court’s March
28, 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 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.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
Dated this 17th day of April, 2024.