Opinion

Brown v. Clemons-Abdullah

Court
District Court, E.D. Missouri
Filed
May 24, 2024
Cited by
0 cases
Authority
More cited than 24.3%

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

Written by the judges who cited it.

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.

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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