Opinion

Chilton

Court
District Court, E.D. Missouri
Filed
Jan 20, 2026
Cited by
0 cases
Authority
More cited than 38.2%

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

BRETT MICHAELS CHILTON, )

)

Movant, )

)

v. ) Case No. 1:25-cv-00178-SNLJ

)

UNITED STATES OF AMERICA, )

)

Respondent. )

MEMORANDUM AND ORDER

Self-represented Movant Brett Michaels Chilton commenced this action by filing a

handwritten document titled “Motion to Vacate, Set Aside, or Correct Sentence,” seeking relief

under 28 U.S.C. § 2255. [Doc. 1]. However, the document was defective as a § 2255 motion

because it was not drafted on a Court-provided form. As such, on December 5, 2025, the Court

directed the Clerk to send Movant the Court form for §2255 motions and directed Movant to file

an amended motion on the Court form within thirty (30) days. [Doc. 2]. The Court warned

Movant that his failure to timely comply with the Court’s Order would result in the dismissal of

his case, without prejudice and without further notice. [Id.] Movant’s response was due by

January 5, 2026.

To date, Movant has neither responded to the Court’s order, nor sought additional time to

do so.1 Movant 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.

1 The Court acknowledges that Movant Chilton sent in a letter and two motions, received by the Court on January

15, 2026. [See Doc. 3]. Because these documents did not comply with the Local Rules, they were rejected for filing

and returned to Movant. [Id.] Regardless, none of these documents were on a Court-provided form and therefore

were not in compliance with the Court’s January 5, 2025, Order. Furthermore, as the documents were dated

November 5, 2025, they could not have been seeking an extension of time for a deadline established in the Court’s

January 5, 2025, Order. As such, Movant has not filed anything in response to the Court’s January 5, 2025, Order.

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

comply with the Court’s January 5, 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 case is DISMISSED without prejudice. 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 20" day of January, 2026.

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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