The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
BRENT SCOBEY, )
)
Plaintiff, )
)
v. ) No. 1:26-cv-00053-SNLJ
)
BUTLER COUNTY, MISSOURI, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
Self-represented plaintiff Brent Scobey has failed to comply with the Court’s Order
dated July 9, 2026, requiring him to either submit a motion to proceed in forma pauperis or pay
the full filing fee by July 23, 2026. [Doc. 11]. Local Rule 2.01 authorizes the Clerk of Court to
refuse to receive any pleadings “until the applicable statutory fee is paid, except in cases
accompanied by a completed application to proceed in forma pauperis.” E.D. Mo. L.R.
2.01(B)(1). Plaintiff had neither paid the filing fee nor submitted a motion to proceed without
prepayment. The Court warned plaintiff that failure to comply with the Court’s Order would
result in dismissal of this action without prejudice and without further notice. As a result, this
action is dismissed for failure to comply with the Court’s Order. See Fed. R. Civ. P. 41(b) ); see
also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating 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) (stating a district court
has the power to dismiss an action for the plaintiff’s failure to comply with any court order).
Finally, plaintiff’s pending motions will be denied as moot.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. See Fed.
R. Civ. P. 41(b). A separate order of dismissal will be entered herewith.
IT IS FURTHER ORDERED that plaintiff's motions for preliminary injunction [Doc.
2], for status conference [Doc. 3], and for service by the U.S. Marshals [Doc. 6] are DENIED as
moot.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this 28th day of July, 2026.
STEPHEN N. LIMBAUGH,JR. “
SENIOR UNITED STATES DISTRICT JUDGE