The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
KEVIN LEROY FULLINGTON, SR., )
)
Plaintiff, )
)
v. ) Case No. 2:23-cv-00049-SRC
)
ANNE PRECYTHE et al., )
)
Defendants. )
Memorandum and Order
On March 18, 2024, the Court ordered Kevin “Fullington to show cause, no later than
April 8, 2024, why the Court should not dismiss this case for failure to fully exhaust
administrative remedies before filing claims against Taylor Preston.” Doc. 15 at 25. Fullington
failed to file a response. Accordingly, the Court dismisses this case.
I. Background
Fullington was an inmate at Tipton Correction Center when he filed this action pursuant
to 42 U.S.C. § 1983 against six employees of the Missouri Department of Corrections. Doc. 1.
In his complaint, Fullington alleged violations of his civil rights relating to his incarceration at
Northeast Correctional Center. Simultaneously, Fullington filed a motion for injunctive relief.
Doc. 5.
Because Fullington was a prisoner proceeding in forma pauperis, the Court reviewed his
complaint on March 18, 2024, pursuant to 28 U.S.C. § 1915 for frivolousness, maliciousness,
and failure to state a claim. Doc. 15. Finding that Fullington had alleged 41 claims against six
separate defendants in direct contravention of the joinder rules, the Court severed and dismissed
all claims and defendants in the lawsuit pursuant to Federal Rule of Civil Procedure 21, except
for Fullington’s claims against Taylor Preston. Id. at 16–18, 25. The Court also denied
Fullington’s motion for injunctive relief because none of the allegations in his motion for
injunctive relief were relevant to the matters currently being litigated in the present lawsuit
against Preston. Id. at 21–23.
As to Fullington’s claims against Preston, the Court ordered Fullington to show cause
why the Court should not dismiss those claims due to his failure to properly exhaust his
administrative remedies. Id. at 19–21, 25. The Court ordered Fullington to respond, no later
than April 8, 2024, to the Court’s order. Id.
On April 4, 2024, Fullington filed a motion for extension of time to respond to the show-
cause order. Doc. 17. He indicated that he was being released from the Missouri Department of
Corrections on or about April 24, 2024. See id. He sought an extension of time until July 8,
2024, to respond to the Court’s requirement to show proper administrative exhaustion. Id. On
April 5, 2024, the Court granted Fullington’s motion. Doc. 18.
II. Discussion
Fullington has failed to respond to the Court’s Order to Show Cause issued on March 18,
2024, requiring him to articulate why this matter the Court should dismiss his complaint for
failure to exhaust his administrative remedies as to his claims against Preston. Doc. 15. When a
plaintiff fails to comply with a court order, the Court “may, on its own motion, dismiss an actual
for failure to comply.” Haley v. Kansas City Star, 761 F.2d 489, 490 (8th Cir. 1985) (citations
omitted); see also Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986). Because Fullington failed
to comply with the Court’s order, doc. 15, the Court dismisses this action.
HI. Conclusion
Accordingly, the Court dismisses Fullington’s [1] Prisoner Civil Rights Complaint Under
42 US.C. § 1983 without prejudice. A separate Order of Dismissal will accompany this order.
So ordered this 29th day of July 2024.
STEPHEN R. CLARK
CHIEF UNITED STATES DISTRICT JUDGE