Summary
The United States District Court for the Eastern District of Missouri dismissed Kendrick L. Brown’s civil rights action against an unidentified Butler County police officer without prejudice. The dismissal was based on Plaintiff’s failure to comply with an order directing him to file an amended complaint and his failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).
Holdings
- A district court may dismiss an action sua sponte and without prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to comply with a court order and fails to prosecute after receiving meaningful notice, a clear warning of dismissal, and adequate time to comply.
Questions Presented
- Whether the district court could dismiss the action sua sponte and 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
Cases Cited (2)
- Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)(followed)
- Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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