Opinion

Jones

Court
District Court, E.D. Missouri
Filed
Nov 13, 2025
Cited by
0 cases
Authority
More cited than 36.9%

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

EASTERN DIVISION

JAMIE JONES, )

)

Plaintiff, )

)

v. ) No. 4:25-cv-00783-JSD

)

KATIE THUMANN and THEARESA JONES, )

)

Defendants. )

MEMORANDUM AND ORDER

Plaintiff has failed to comply with the Court’s Order dated September 22, 2025, requiring

him to either submit a motion to proceed in forma pauperis or pay the full filing fee by October

22, 2025. ECF No. 5. Local Rule 2.01 authorizes the Clerk of Court to refuse to receive any

pleadings “until the applicable statutory fee is paid, except in cases accompanied by a completed

application to proceed in forma pauperis.” E.D. Mo. L.R. 2.01(B)(1). Plaintiff had neither paid

the filing fee nor submitted a signed, complete motion to proceed without prepayment. 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. ECF No. 5 at 3.

The Court will therefore dismiss this action, without prejudice, due to Plaintiff’s failure to comply

with the Court’s September 22, 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 this action is DISMISSED without prejudice. See Fed.

R. Civ. P. 41(b). 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 13th day of November, 2025.

re □□ _

eye eee

CRISTIAN M. STEVENS

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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