Opinion

Bey v. Thurmann

Court
District Court, E.D. Missouri
Filed
Aug 22, 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 plaintiffs 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

JADA BEY, )

)

Petitioner, )

)

v. ) No. 4:25-cv-678-AGF

)

KATHERYN THURMANN, )

)

Respondent. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Petitioner Jada Bey commenced

this civil action on May 9, 2025, by filing a document titled “Response to Court Order: June 2,

2023 – Davis-BEY V. COLE BREWER – 23-cv-507-HEA.” (ECF No. 1). The Court interpreted

this filing as a habeas corpus petition. However, the filing was defective because it was not

drafted on a Court form. Further, Petitioner did not pay a filing fee or request to proceed in forma

pauperis. As such, on June 25, 2025, the Court directed Petitioner to file an amended petition on

a Court form. (Id.) The Court also directed Petitioner to either pay the filing fee or file a motion

for leave to proceed in forma pauperis. (ECF No. 2). The Court cautioned Petitioner that her

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 25, 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, she was cautioned that

her case would be dismissed if she failed to timely comply, and she 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 June 25, 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 plaintiffs 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 22nd day of August, 2025.

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.