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