a district court has the power to dismiss an action for the plaintiff’s failure to comply with any court order
How later courts described this case
- 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
REX S. GUNTHER, )
Plaintiff,
Vv. No. 4:25-cv-01304-MTS
PAMELA JO BONDI,
Defendant.
MEMORANDUM AND ORDER
Plaintiff Rex S. Gunther, a civil detainee at the Southeast Missouri Mental Health Center,
has failed “to serve Defendant in accordance with Federal Rule of Civil Procedure 4 and to file
proof of such service with the Court” as the Court required. Doc. [5]; see Fed. R. Civ. P. 4(i),
(m). Pursuant to Federal Rule of Civil Procedure 4(m), and this Court’s November 12, 2025,
Memorandum and Order, Doc. [5], the Court will dismiss the unserved Defendant in this matter
without prejudice. See Fed. R. Civ. P. 44m). Plaintiff’s noncompliance provides an additional
basis to dismiss. See Brown v. Frey, 806 F.2d 801, 803-04 (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 Defendant Pamela Jo Bondi is DISMISSED from this
action without prejudice. All Defendants in this matter having been dismissed, the Court will
enter herewith an Order of Dismissal, which will dismiss this action without prejudice.
Dated this 16th day of December 2025.
cy /
UNITED STATES DISTRICT JUDGE