Artice v. Epworth Children and Family Services

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

KRISSTAL N. ARTICE, ) ) Plaintiff, ) ) vs. ) Case No. 4:20-cv-01759-MTS ) EPWORTH CHILDREN AND ) FAMILY SERVICES, et al., ) ) Defendants. )

MEMORANDUM AND ORDER This matter is before the Court on review of the file. After Plaintiff failed to respond to Defendant Epworth Children and Family Services’ Motion to Dismiss, Doc. [11], the Court ordered her to file a response, Doc. [14]. In that Order, the Court cautioned Plaintiff that though she was a pro se litigant, she must abide by the Federal Rules of Civil Procedure and this District’s Local Rules. See In re Harris, 277 F. App’x 645 (8th Cir. 2008) (noting “even pro se litigants must comply with court rules and directives”) (citing Soliman v. Johanns, 412 F.3d 920, 921–22 (8th Cir. 2005)). The Court also informed Plaintiff that a failure to respond to Defendant’s Motion to Dismiss or to comply with future deadlines may result in the Court dismissing this case. Doc. [14]. Plaintiff subsequently filed a “response,” but it has at least two fundamental defects. First, instead of filing a response to Defendant Epworth Children and Family Services’ Motion to Dismiss, Doc. [11], she filed a response “to Owner Mario Edwards of Little Village Child Development Center” (i.e., the wrong document).1 Doc. [17]. Regardless, Plaintiff failed to sign her filing.” Fed. R. Civ. P. 11. As a result, the Court “must” strike it. Id. (requiring “[e]very

1 The document to which Plaintiff responded, Doc. [9], needed no response because the Court struck it since it was filed by a non-party in the case. See Doc. [13]. pleading, written motion, and other paper” to be signed “by [the] party personally if the party is unrepresented”). Accordingly, IT IS HEREBY ORDERED that Plaintiff's filing, Doc. [17], is STRICKEN. IT IS FURTHER ORDERED that, pursuant to the Court’s previous Order, Doc. [14], Plaintiff Krisstal N. Artice shall respond to Epworth Children and Family Services’ Motion to Dismiss, Doc. [11], within ten (10) days of the date of this Order. Failure to file a proper Response will result in dismissal of claims against Defendant Epworth Children and Family Services. Dated this 20th day of May, 2021. yh UNITED STATES DISTRICT JUDGE

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