Darrell Hardin v. Unknown Lang, et al.

Summary

The United States District Court for the Eastern District of Missouri dismisses Darrell Hardin’s civil rights action without prejudice for failure to comply with an order requiring an amended complaint and payment of an initial filing fee. The court relies on Federal Rule of Civil Procedure 41(b) and the plaintiff’s failure to prosecute, and certifies that an appeal would not be taken in good faith.

Holdings

1. A district court may dismiss an action without prejudice sua sponte when the plaintiff, after meaningful notice and adequate time, fails to comply with a court order and fails to prosecute the case.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to comply with the court's order to file an amended complaint.
2. Whether dismissal was warranted for Plaintiff's failure to prosecute the action.

Disposition

dismissed