Opinion

Thompson v. Walls

Court
District Court, E.D. Missouri
Filed
Aug 20, 2025
Cited by
0 cases
Authority
More cited than 38.9%

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

CHARLES TYLER THOMPSON, SR., )

)

Plaintiff, )

)

v. ) Case No. 1:25-cv-00044-SNLJ

)

LT. JERRY WALLS, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff Charles Tyler

Thompson, Sr. commenced this civil action on March 3, 2025, alleging violations of his

civil rights by two correctional officers at Southeast Correctional Center. (ECF No. 1).

On June 18, 2025, the Court granted Plaintiff’s Application to Proceed in District Court

Without Prepaying Fees or Costs, and directed him to pay an initial filing fee of $70.80.

(ECF No. 6). The Court further found Plaintiff’s complaint was defective and directed

him to file an amended complaint. (Id.). The Court cautioned Plaintiff that his failure to

timely comply with the Order would result in the dismissal of the case without further

notice. (Id.) Plaintiff’s response was due by July 18, 2025.

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 June 18, 2025 Order and

her failure to prosecute her 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.

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

taken in good faith.

An Order of Dismissal will accompany this Memorandum and Order.

Dated this 20" day of August, 2025.

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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