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