Opinion

Alexander

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

EASTERN DIVISION

RAY L. ALEXANDER, )

)

Plaintiff, )

)

v. ) No. 4:26-cv-148-CMS

)

DOUGLAS A. COLLINS, )

)

Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Plaintiff Ray L. Alexander, a

frequent filer in this Court, commenced this civil action on February 2, 2026, complaining of the

termination of his benefits by the Department of Veterans Affairs. ECF No. 1. Plaintiff also filed

an application to proceed without prepaying fees or costs. ECF No. 2. On May 22, 2026, the

Court directed Plaintiff to file an amended complaint using a Court form. ECF No. 3. The Court

also noted that the application to proceed without prepaying fees or costs was defective as it

provided no financial information. Id. Plaintiff was therefore ordered to pay the full filing fee or

submit a new application that provided the required financial information. Id. 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.

On June 22, 2026, Plaintiff filed a motion asking the Court to reconsider its Order

directing him to file an amended complaint on a Court form. ECF No. 4. The motion also

provided some information about Plaintiff’s finances. The Court denied the motion and gave

Plaintiff until July 6, 2026, to comply with the Order of May 22, 2026. Plaintiff was again

warned that he must timely comply with the Order to avoid dismissal. Instead of complying with

the Order, Plaintiff filed a motion titled “REQUEST FOR REVIEW OF ACTION BY CHIEF

JUDGE” on July 8, 2026. ECF No. 6. In this motion, Plaintiff states that “it must be inquired if

this body is sitting as an Art. II administration or Art. III, court of record.” Id. Plaintiff also

complains that he was denied the ability to proceed without prepayment of costs or fees when he

believes he provided sufficient information. Id.

Plaintiff is advised that he has filed this suit in the District Court of the Eastern District of

Missouri, which has jurisdiction under Article III of the Constitution. He is further advised that

he has never provided a complete application to proceed in district court without prepayment of

costs or fees. To date, Plaintiff has never provided this Court with such basic information as his

monthly income.1 Thus, this motion will be denied.

Plaintiff was given an extended deadline of July 6, 2026, to comply with the Order of

May 22, 2026. Plaintiff has instead filed a motion that does not comply with the directives in the

Order of May 22, 2026. Further, his motion does not seek additional time to do so. Plaintiff was

given meaningful notice of what was expected, cautioned that his case would be dismissed if he

failed to timely comply, and granted ample time to comply. The Court will therefore dismiss this

action, without prejudice, due to Plaintiff’s failure to comply with the Court’s May 22, 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) (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

1 The only income Plaintiff admits receiving is annuity payments of $21,000. Whether this is

Plaintiff’s annual income, monthly income, or quarterly income is unclear because Plaintiff does

not use the Court form and fails to clearly specify the pay period. See ECF No. 4. He also

previously stated, “Claimant has no credits are available [sic] in any checking or savings

accounts.” Id. These confusing and unclear statements only reinforce the importance of using the

Court-provided form, by which such confusion may be avoided with simple answers to questions

on the form.

manage their own affairs so as to achieve the orderly and expeditious disposition of cases”);

Brown vy. Frey, 806 F.2d 801, 803 (8th Cir. 1986) (stating a district court has the power to

dismiss an action for the plaintiffs failure to comply with any court order).

Accordingly,

IT IS HEREBY ORDERED that this case is DISMISSED without prejudice.

IT IS FURTHER ORDERED that Plaintiff's REQUEST FOR REVIEW OF ACTION

BY CHIEF JUDGE [ECF No. 6] will be DENIED.

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 28th day of July, 2026.

SV ew

CRISTIAN M. STEVENS

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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