The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
REX S. GUNTHER, )
)
Plaintiff, )
)
v. ) No. 4:26-cv-270-SRW
)
FRANK CARLSON, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Rex S. Gunther, a
frequent filer in this Court, commenced this civil action on February 23, 2026, making
complaints about his former attorney from events that occurred in 1983. ECF No. 1. On June 2,
2026, the Court directed Plaintiff to file an amended complaint using a Court form. ECF No. 3,
The Court cautioned Plaintiff that his failure to timely comply with the Order would result in the
dismissal of the case without further notice. 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 June 2, 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 6th day of July, 2026.
STEPHEN N. LIMBAUGH, “
SENIOR UNITED STATES DISTRICT JUDGE