Opinion

Howard

Court
District Court, E.D. Missouri
Filed
Sep 3, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

DUSTIN HOWARD, )

)

Petitioner, )

)

v. ) No. 4:26-cv-997-CMS

)

ACTING DIRECTOR ROBIN EDWARDS, )

)

Respondent. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Petitioner Dustin Howard

commenced this habeas action on June 22, 2026. ECF No. 1. Petitioner failed to pay the filing

fee or file an application to proceed without prepaying fees or costs. On July 16, 2026, the Court

directed Petitioner to pay the full filing fee or file an application to proceed without prepaying

fees or costs. ECF No. 2. The Court cautioned Petitioner that his failure to timely comply with

the Order would result in the dismissal of the case without further notice. Id.

To date, Petitioner has neither complied with the July 16, 2026 Order, nor sought

additional time to do so. Petitioner was given meaningful notice of what was expected, he was

cautioned that his case would be dismissed if he failed to timely comply, and he was given ample

time to comply. The Court will therefore dismiss this action, without prejudice, due to

Petitioner’s failure to comply with the Court’s July 16, 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) (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 a certificate of appealability will not issue.

An Order of Dismissal will accompany this Memorandum and Order.

Dated this 3rd day of September, 2026.

/ f /

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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