Opinion

Davis v. Morriss

Court
District Court, E.D. Missouri
Filed
Jun 9, 2025
Cited by
0 cases
Authority
More cited than 36.3%

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

EASTERN DIVISION

JAMELL DAVIS, )

)

Petitioner, )

)

v. ) Case No. 4:25-cv-00181-JSD

)

KELLY MORRISS, )

)

Respondent. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Petitioner Jamell Davis

commenced this action by filing a document with this Court, construed as seeking relief

under 28 U.S.C. § 2255. See ECF Nos. 1 & 3. However, the document was defective as

a § 2254 petition because it was not drafted on a Court-provided form. As such, on April

16, 2025, the Court directed the Clerk to send Petitioner the Court form for § 2254

petitions and directed Petitioner to file an amended petition on that form within thirty

(30) days. ECF No. 3. Also in that Order, the Court warned Petitioner that he would not

be permitted to bring a second or successive § 2254 petition unless the United States

Court of Appeals for the Eighth Circuit certified that the second or successive petition

meets the requirements set forth in 28 U.S.C. § 2244(b)(3)(A). Id. at 3. The Court

cautioned Petitioner that his failure to timely comply with the Court’s Order would result

in the dismissal of his case. Petitioner’s response was due by May 16, 2025.

To date, Petitioner has neither responded to the Court’s Order, nor sought

additional time to do so. Petitioner 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 Petitioner’s failure to comply with the Court’s April 16, 2025 Order 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 Petitioner’s motion, construed as an application

for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [ECF No. 1] is DENIED and

DISMISSED without prejudice. A separate order of dismissal will be entered herewith.

IT IS FURTHER ORDERED that Petitioner’s motion for appointment of

counsel [ECF No. 2] is DENIED as moot.

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

taken in good faith.

Dated this 9th day of June, 2025.

a q Lf

/ LID Z Stead cena ZL .

STEPHEN N. LIMBAUGH, JR.“

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.

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