Opinion

Phillips v. Lawton

Court
District Court, E.D. Missouri
Filed
Apr 17, 2024
Cited by
0 cases
Authority
More cited than 24.3%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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