Ware v. Precythe
Ware v. Precythe
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
SUPASTAR WARE, ) ) Plaintiff, ) ) v. ) No. 4:25-cv-00488-SRW ) ANNE PRECYTHE et al., ) ) Defendants. )
MEMORANDUM AND ORDER This matter is before the Court upon review of the file. Plaintiff Supastar Ware commenced this civil action on April 11, 2025, alleging violations of her civil rights at Eastern Reception, Diagnostic and Correctional Center. (ECF No. 1). On June 12, 2025, the Court directed Plaintiff to file an amended complaint and pay an initial filing fee of $14.00. (ECF No. 11). The Court cautioned Plaintiff that her failure to timely comply with the Order would result in the dismissal of the case without further notice. Id. Plaintiff’s response was due by July 14, 2025. To date, Plaintiff has neither responded to the Court’s Order, nor sought additional time to do so. Plaintiff was given meaningful notice of what was expected, she was cautioned that her case would be dismissed if she failed to timely comply, and she 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 Order of June 12, 2025, and her failure to prosecute her 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 plaintiffs failure to comply with any court order). Accordingly, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. An Order of Dismissal will accompany this Memorandum and Order. Dated this 22nd day of August, 2025.
UNITED STATES DISTRICT JUDGE
Reference
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