Phillips v. Lawton

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CLINT PHILLIPS, I, ) Plaintiff, v. No. 4:24-CV-120 RLW OFFICER UNKNOWN LAWTON, et al., Defendants. MEMORANDUM AND ORDER This matter is before the Court on review of the file. Plaintiff instituted this action without paying the filing fee or filing a motion for leave to proceed in forma pauperis. On March 28, 2024, the Court entered an Order directing him to do one or the other. The Order warned Plaintiff that if he did not timely comply, the Court would dismiss the case without prejudice and without further notice. Plaintiff's response was due April 11, 2024. To date, he has not complied with the Order or sought additional time to do so. Therefore, the Court will dismiss this action, without prejudice, due to Plaintiffs failure to comply with the Court’s March 28, 2024 Order. See Fed. R. Civ. P. 41(b); Brown v. Frey, 806 F.2d 801, 803-04 (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.

RONNIE L. WHITE UNITED STATES DISTRICT JUDGE

Dated this 17th day of April, 2024.