The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FALYN MCMILLER, )
)
Plaintiff, )
)
v. ) No. 4:26-cv-466-ACL
)
ST. ANN MUNICIPAL COURT, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff Falyn McMiller
commenced this civil action on March 31, 2026. ECF No. 1. On July 7, 2026, the Court issued an
Order directing Plaintiff to file an amended complaint. ECF No. 4. The Court cautioned Plaintiff
that her failure to timely comply with the Order would result in the dismissal of the case without
further notice. Id.
To date, Plaintiff has not filed an amended complaint. Further, Plaintiff has not sought
additional time to comply with the Court’s order of July 7, 2026. Plaintiff was given meaningful
notice of what was expected, she was cautioned that her case would be dismissed if she failed to
timely comply, and she 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 July 7, 2026 Order
and her failure to prosecute her 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 plaintiffs 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 13th day of August, 2026.
STEPHEN N. LIMBAUGH, JR.“
SENIOR UNITED STATES DISTRICT JUDGE