Lee v. Metropolitan St. Louis Sewer District

District Court, E.D. Missouri

Lee v. Metropolitan St. Louis Sewer District

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

TRAMON J. LEE, ) ) Plaintiff, ) ) v. ) No. 4:23-cv-424 SPM ) METROPOLITAN ST. LOUIS SEWER ) DISTRICT, ) ) Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court on review of the file. Plaintiff Tramon J. Lee commenced this employment discrimination action on April 4, 2023, alleging harassment and retaliation by his former employer, Metropolitan St. Louis Sewer District. ECF No. 1. On May 16, 2023, the Court granted Plaintiff’s motion for leave to proceed in forma pauperis and directed Plaintiff to file an amended complaint within thirty (30) days. ECF No. 5. The Court cautioned Plaintiff that his failure to timely comply with the Order would result in the dismissal of the case without further notice. Plaintiff’s response was due by June 15, 2023. To date, Plaintiff has not responded to the Court’s Order or sought additional time to do so. Plaintiff 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 Plaintiff’s failure to comply with the Court’s May 16, 2023 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. A separate order of dismissal will be entered herewith. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Dated this 10th day of July, 2023.

RONNIE L. WHITE UNITED STATES DISTRICT JUDGE

Reference

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