Brett Michaels Chilton v. Warden, USP Big Sandy

Summary

The United States District Court for the Eastern District of Missouri dismisses Brett Michaels Chilton’s case without prejudice for failure to comply with an order requiring an amended petition and payment of the filing fee or submission of an application to proceed in forma pauperis. The Court also certifies that an appeal from the dismissal 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 a litigant, after meaningful notice and ample time, fails to comply with a court order and fails to prosecute the case.

Questions Presented

1. Whether the Court could dismiss the action without prejudice when Petitioner failed to comply with an order requiring an amended petition and payment of the filing fee or submission of an in forma pauperis motion.
2. Whether the Court could dismiss the action sua sponte for failure to prosecute.

Disposition

dismissed