Sandy Phillips v. Stoddard County Circuit Court, et al.

Summary

The United States District Court for the Eastern District of Missouri dismissed Sandy Phillips’s civil action without prejudice after she failed to comply with an order directing her to file a second amended complaint. The court relied on Federal Rule of Civil Procedure 41(b), dismissed for failure to prosecute, and certified that an appeal would not be taken in good faith.

Holdings

1. A district court may dismiss an action without prejudice when a plaintiff, after meaningful notice and a warning of dismissal, fails to comply with a court order requiring an amended pleading and fails to prosecute the case.

Questions Presented

1. Whether the court could dismiss the action without prejudice because Plaintiff failed to comply with the order requiring a second amended complaint.
2. Whether the court could dismiss the action for failure to prosecute under Federal Rule of Civil Procedure 41(b) and its inherent authority.

Disposition

dismissed