Opinion

Kendrick L. Brown v. Unknown Wilson

Court
District Court, E.D. Missouri
Filed
Feb 11, 2026
Cited by
0 cases
Authority
More cited than 38.7%

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

SOUTHEASTERN DIVISION

KENDRICK L. BROWN, )

)

Plaintiff, )

)

v. ) No. 1:25-cv-127-ACL

)

UNKNOWN WILSON, )

)

Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff Kendrick L. Brown

commenced this civil action on August 5, 2025, alleging violations of his civil rights by a Butler

County police officer. ECF No. 1. On December 5, 2025, the Court granted Plaintiff’s

Application to Proceed in District Court Without Prepaying Fees or Costs, and further found

Plaintiff’s complaint was defective and directed him to file an amended complaint. ECF No. 5.

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 January 5, 2026.

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 December 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 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 11th day of February, 2026.

NE

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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