The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CARLOS J. WALLACE, )
)
Petitioner, )
)
v. ) Case No. 1:26-cv-00021-SNLJ
)
UNITED STATES OF AMERICA, )
)
Respondent. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Petitioner Carlos Wallace
commenced this action with a handwritten filing, construed as seeking relief under 28
U.S.C. § 2255. [Doc. 1]. However, the filing was defective as a § 2255 motion because
it was not drafted on a Court-provided form. As such, on February 13, 2026, the Court
directed the Clerk to send Petitioner the Court form for §2255 motions and ordered
Petitioner to file an amended motion on the Court form within thirty (30) days. [Doc. 2].
The Court cautioned Petitioner that his failure to timely comply with the Court’s Order
would result in the dismissal of his case. [Id.] Petitioner’s response was due by March
16, 2026.
To date, Petitioner has neither responded to the Court’s order, nor sought
additional time to do so. Petitioner 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 Petitioner’s failure to comply with the Court’s February 13, 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. 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 2nd day of April, 2026.
STEPHEN N. LIMBAUGH, JR.“
SENIOR UNITED STATES DISTRICT JUDGE