Pete Wright v. Cheri O'Neal, et al.

Summary

The United States District Court for the Eastern District of Missouri dismissed Pete Wright’s action without prejudice for failure to comply with an order requiring him to file a Disclosure Statement and for failure to prosecute. The court also denied his motion to proceed in forma pauperis as moot and certified that an appeal would not be taken in good faith.

Holdings

1. A district court may dismiss an action without prejudice when the plaintiff fails to comply with a clear court order after receiving meaningful notice, an express warning of dismissal, and ample time to comply.
2. A district court has inherent authority to dismiss an action sua sponte for lack of prosecution.
3. The motion for leave to proceed in forma pauperis was denied as moot following dismissal of the action.

Questions Presented

1. Whether the court could dismiss the action without prejudice for Plaintiff's failure to comply with a court order requiring a show-cause response and disclosure statement.
2. Whether the court could dismiss the action sua sponte for failure to prosecute.
3. Whether Plaintiff's motion for leave to proceed in forma pauperis should be denied as moot after dismissal.

Disposition

dismissed