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
EASTERN DIVISION
REGINA HODGE, )
)
Plaintiff, )
)
v. ) No. 4:26-cv-114-SRW
)
CITY OF ST. LOUIS, et al. )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Regina Hodge
commenced this civil action on January 27, 2026. ECF No. 1. On February 25, 2026, the Court
directed Plaintiff to file an amended complaint on a Court-form and to sign the complaint. ECF
No. 3. Plaintiff was given 30 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, she was cautioned that her
case would be dismissed if she failed to timely comply, and she 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 February 25, 2026 Order and her failure to prosecute her 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 FURTHER ORDERED that Plaintiffs motion for leave to proceed in forma
pauperis (ECF No. 2) is DENIED as moot.
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 15th day of April, 2026.
UNITED STATES DISTRICT JUDGE