Opinion

Majors v. Trout

Court
District Court, E.D. Missouri
Filed
Jul 29, 2024
Cited by
0 cases
Authority
More cited than 31.5%

the authority of a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”

How later courts described this case

  • the authority of a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”
  • 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

SOUTHEASTERN DIVISION

DILLONGER JOHN MAJORS, )

Plaintiff,

V. Case No. 1:24-cv-22 SNLJ

RICHARD TROUT, et al.,

Defendants.

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Self-represented Plaintiff Dillonger

Majors brings this 42 U.S.C. § 1983 action, alleging violations of his civil rights by seventeen (17)

defendants associated with the Southeast Correctional Center in Charleston, Missouri. ECF No.

1. On May 17, 2024, the Court granted Plaintiff in forma pauperis status and ordered him to file

an amended complaint within thirty (30) days. ECF No. 4. On June 17, 2024, the Court granted

Plaintiff an extension of time to file his amended complaint. ECF No. 6. The Court cautioned

Plaintiff that his failure to timely comply would result in the dismissal of this case without further

notice. Plaintiff's response was due by July 17, 2024.

To date, Plaintiff has neither responded to the Court’s Order, nor sought additional time to

do so. Plaintiff was given meaningful notice of what was expected, he was cautioned that his case

would be dismissed if he failed to timely comply, and he was given ample time to comply. The

Court will therefore dismiss this action, without prejudice, due to Plaintiff's failure to comply with

the Court’s Orders dated May 17 and June 17, 2024, and his failure to prosecute his case. See Fed.

R. Civ. P. 41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (the authority of

a court to dismiss sua sponte for lack of prosecution is inherent power governed “by the control

necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious

disposition of cases”); Brown v. Frey, 806 F.2d 801, 803 (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 be entered herewith.

IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in

good faith.

Dated this AWK day of July, 2024.

STEPHEN N. LIMBAUGHAR.

SENIOR UNITED STATES DISTRICT JUDGE

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.