The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
KENNETH GENE ALLRED, SR., )
)
Plaintiff, )
)
v. ) No. 1:26-cv-00084-CMS
)
MADISON MEDICAL CENTER, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. On July 15, 2026, the Court ordered
Plaintiff Kenneth Gene Allred, Sr. to either file a new Application to Proceed without Prepaying
Fees and Costs, with a certified inmate account statement, or pay the full filing fee for this matter.
ECF No. 9. The Court cautioned Plaintiff that his failure to timely comply with the Order would
result in the dismissal of his case without further notice. Id. at 2. Plaintiff’s response was due by
August 14, 2026.
To date, Plaintiff has neither responded to the Court’s Order nor sought additional time to
do so. 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 has not paid the filing fee or submitted a
complete motion to proceed without prepayment. Plaintiff was given meaningful notice of what
was expected, cautioned that his case would be dismissed if he failed to timely comply, and 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 15, 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 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 plaintiffs failure to comply
with any court order).
Accordingly,
IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. A separate
order of dismissal will be entered herewith.
IT IS FURTHER ORDERED that Plaintiff's motion for appointment of counsel [ECF
No. 6] is DENIED as moot.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this 31st day of August 2026. /| .
SV
CRISTIAN M. STEVENS
UNITED STATES DISTRICT JUDGE