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
BRYAN KEMP, )
)
Plaintiff, )
)
v. ) No. 1:26-cv-27-ACL
)
BRANDON KEMP, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Bryan Kemp commenced
this civil action on February 5, 2026. ECF No. 1. On March 2, 2026, the Court directed Plaintiff
to show cause why his complaint should not be dismissed. ECF No. 3. The Court also directed
Plaintiff to pay the $405 filing fee or file a complete and properly signed Application to Proceed
in District Court Without Prepaying Fees or Costs. Id. Plaintiff was given 14 days to respond to
the Order. Id.
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 March 2, 2026 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 25th day of March, 2026.
et
UNITED STATES DISTRICT JUDGE