Opinion

Opinion

Court
District Court, E.D. Missouri
Filed
Apr 13, 2026
Cited by
0 cases
Authority
More cited than 40.5%

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

NORTHERN DIVISION

BRAYON WILLIAMS, )

)

Plaintiff, )

)

v. ) Case No. 2:25-cv-00089-JSD

)

THE JUDICIAL DEPARTMENT, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff Brayon Williams

commenced this civil action on November 13, 2025. ECF No. 1. On January 15, 2026,

the Court 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

(“Application”). Id. Plaintiff filed the Application on February 3, 2026. ECF No. 5.

However, the Application was largely incomplete, so it was denied. ECF No. 6. On

March 12, 2026, the Court gave Plaintiff a final chance to either file a completed

Application or pay the full filing fee. Id. He was given 14 days to respond. Id. Plaintiff

was warned that his failure to comply with the Order would result in his case being

dismissed. 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 12, 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 plaintiff’s 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 13th day of April, 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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