although Rule 41(b) does not expressly provide for sua sponte dismissal, Rule 41(b) does not imply any such restriction and a court has the inherent power to dismiss a case for lack of prosecution or violation of a court order
How later courts described this case
- although Rule 41(b) does not expressly provide for sua sponte dismissal, Rule 41(b) does not imply any such restriction and a court has the inherent power to dismiss a case for lack of prosecution or violation of a court order
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:23-cv-140-FDW
KEVIN MAURICE LINDER, )
)
Plaintiff, )
)
vs. )
)
DONALD G. BROWN, et al., ) ORDER
)
Defendants. )
___________________________________ )
THIS MATTER is before the Court sua sponte.
The pro se Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983 addressing
incidents that allegedly occurred while he was a pretrial detainee at the Catawba County Detention
Center. [Doc. 1]. On January 30, 2024, the Court dismissed the Complaint on initial review, and
granted the Plaintiff 30 days to file a superseding Amended Complaint. [Doc. 10]. The Plaintiff
was cautioned that, “[s]hould Plaintiff fail to timely file an Amended Complaint in accordance
with this Order, this action will be dismissed without prejudice and without further notice to
Plaintiff.” [Id. at 9].
The Plaintiff has not amended his Complaint and the time to do so has expired. The
Plaintiff appears to have abandoned this action and the Court is unable to proceed. This case will
therefore be dismissed without prejudice. See Fed. R. Civ. P. 41(b) (“If the plaintiff fails to
prosecute or to comply with these rules or a court order, a defendant may move to dismiss the
action or any claim against it.”); Link v. Wabash R.R. Co., 370 U.S. 626, 630-33 (1962) (although
Rule 41(b) does not expressly provide for sua sponte dismissal, Rule 41(b) does not imply any
such restriction and a court has the inherent power to dismiss a case for lack of prosecution or
violation of a court order).
IT IS, THEREFORE, ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court is directed to terminate this action.
IT IS SO ORDERED.
Signed: March 13, 2024
Frank D. Whitney é = □
United States District Judge eet