# Holmes

> District Court, E.D. Missouri · April 24, 2026

URL: https://www.frixlaw.com/law-library/cases/11331403

## Case

- **Full name:** Montrell Holmes, Sr. v. Lieutenant E. Porter, et al.
- **Court:** District Court, E.D. Missouri
- **Decided:** April 24, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11331403

## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MONTRELL HOLMES, SR., )
)
Plaintiff, )
)
v. ) No. 4:25-cv-1577-JSD
)
LEIUTENANT E. PORTER, et al., )
)
Defendants. )

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Montrell Holmes, Sr.
commenced this civil action on October 21, 2025. ECF No. 1. On February 19, 2026, the Court
directed Plaintiff to file an amended complaint. ECF No. 4. 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, 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 February 19, 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 24th day of April, 2026.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11331403. Public record. Not legal advice.