Opinion

Allred

Court
District Court, E.D. Missouri
Filed
Aug 31, 2026
Cited by
0 cases

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

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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