Kevin D. McDavis, Jr. v. Captain Unknown Price and Sgt. Unknown Pena

Summary

The United States District Court for the Eastern District of Missouri dismissed the action without prejudice after Plaintiff failed to file an amended complaint as ordered and failed to prosecute the case. The court relied on Federal Rule of Civil Procedure 41(b) and certified that an appeal would not be taken in good faith.

Holdings

1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff, after meaningful notice and an opportunity to comply, fails to follow a court order and fails to prosecute the case.

Questions Presented

1. Whether the district court could dismiss the action without prejudice under Federal Rule of Civil Procedure 41(b) for Plaintiff's failure to comply with a court order and failure to prosecute.

Disposition

dismissed