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
ANTHONY L. BROWN, JR., )
)
Plaintiff, )
)
v. ) No. 4:23-CV-1082-RLW
)
JENNIFER CLEMONS-ABDULLAH, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on review of the file. On May 9, 2024, this Court issued
an order directing Plaintiff Anthony L. Brown, Jr., to file a second amended complaint, and
provided him with clear instructions about how to do so. The Court cautioned Plaintiff that his
failure to timely and fully comply with the instructions in the order would result in the dismissal
of this case, without prejudice and without further notice.
Plaintiff’s response was due on May 23, 2024, but to date, he has not responded to the
Court’s order or sought additional time to do so. Plaintiff was given meaningful notice of what
was expected, and he was cautioned that his case would be dismissed if he failed to comply. The
Court will therefore dismiss this action at this time, without prejudice, due to Plaintiff’s failure to
comply with the Court’s May 9, 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 accompany this Memorandum and Order.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Y NNIE L. WHITE :
UNITED STATES DISTRICT JUDGE
Dated this 24th day of May, 2024.