Hobson v. Gardner

District Court, E.D. Missouri

Hobson v. Gardner

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

YULE HOBSON, ) ) Plaintiff, ) ) v. ) Case No. 4:25-cv-00651-SRW ) KIM GARDNER, ) ) Defendant. )

MEMORANDUM AND ORDER

This matter is before the Court upon review of the file. Self-represented Plaintiff Yule Hobson commenced this civil action in May 2025. [Doc. 1]. On August 19, 2025, the Court denied Plaintiff’s motions for leave to proceed in forma pauperis and for appointment of counsel. [Doc. 4]. In that same Order, Plaintiff was directed to either pay the $405 filing fee or file a new, complete motion to proceed in forma pauperis. 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 3]. Plaintiff’s response was due by August 29, 2025. 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 had neither paid the filing fee nor submitted a complete motion to proceed without prepayment. 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 August 19, 2025 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 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 HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Dated this 8" day of September, 2025.

LE q Lf [LPB frcbeah STEPHEN N. LIMBAUGH, JR. SENIOR UNITED STATES DISTRICT JUDGE

Reference

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