The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALYSSA DOWLING, )
)
Plaintiff, )
)
v. ) No. 4:26-cv-805-SRW
)
ERIC KOMITEE, )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court upon Plaintiff Alyssa Dowling’s application to proceed in
district court without prepaying costs or fees and motion to appoint counsel. ECF No. 2. After
considering the application and financial information provided, the Court will grant the
application and waive the filing fee.
Further, the Court notes that Plaintiff commenced this civil action on May 18, 2026. ECF
No. 1. On July 17, 2026, the Court issued an Order directing Plaintiff to file an amended
complaint. ECF No. 3. 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 submitted an amended complaint, nor sought additional time to
do so. 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 17, 2026 Order and 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 plaintiff's failure to comply with any court
order).
Accordingly,
IT IS HEREBY ORDERED that this case is DISMISSED without prejudice.
IT IS FURTHER ORDERED that application to proceed in district court without
prepaying costs or fees and motion to appoint counsel (ECF No. 2) is GRANTED.
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 25th day of August, 2026.
STEPHEN N. LIMBAUGH, JR. /
SENIOR UNITED STATES DISTRICT JUDGE