Opinion

Scobey

Court
District Court, E.D. Missouri
Filed
Jul 28, 2026
Cited by
0 cases
Authority
More cited than 42.1%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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