Schultz v. Butler County Sheriff's Department

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(b). IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Signed by Sr. District Judge Stephen N. Limbaugh, Jr on 01/03/2025. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
QUINTON WESLEY SCHULTZ,
Plaintiff,
v.
BUTLER COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 1:24-cv-00124-ACL

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. For the reasons explained below,
the Court will dismiss this action without prejudice pursuant to Fed. R. Civ. P. 41(b).
Plaintiff Quinton Wesley Schultz is a prisoner who is proceeding pro se and in forma
pauperis. He initiated this case on or about June 24, 2024 by mailing a letter to this Court in which
he complained about law enforcement officers, and stated he had been “unjustly done wrong” in
the Missouri courts since 2010. (ECF No. 1 at 1). He provided the address of the Butler County
Justice Center as his mailing address.
After being provided with a complaint form, Plaintiff filed an amended complaint against
the Butler County Sheriff’s Department and two “John Doe” defendants. Plaintiff then filed three
separate documents in an apparent attempt to amend the amended complaint and perhaps identify
the fictious defendants. Upon review, the Court could not discern plausible claims for relief against
any particular defendant, and noted that it appeared Plaintiff intended to amend the amended
complaint.
On November 18, 2024, the Court entered an order giving Plaintiff the opportunity to file
a second amended complaint. The Court gave Plaintiff clear instructions about how to prepare the

second amended complaint, and cautioned him to avoid filing separate documents in an attempt to
amend the pleading. The Court cautioned Plaintiff that his case would be dismissed if he failed to
timely file a second amended complaint, and also ordered him to pay an initial partial filing fee.
Plaintiff’s response was due on December 18, 2024.
On that same date – November 18, 2024 – Plaintiff mailed photographs to the Court, along
with correspondence requesting copies of law enforcement records. Plaintiff mailed additional
photos to the Court on November 22, 2024. On both envelopes, Plaintiff indicated his return
address as the Butler County Justice Center. On December 11, 2024, the U.S. Post Office returned
the Court’s Memorandum and Order as undeliverable, but Plaintiff had not notified the Court of
any change in his address as he was required to do. See E.D.Mo. L.R. 2.06(B). Nevertheless, the
Court Clerk determined that Plaintiff had been moved to the Eastern Reception, Diagnostic and
Correctional Center, and re-sent the Memorandum and Order to him that same day.
To date, Plaintiff has not complied with the Court’s November 18, 2024 Memorandum and
Order or sought additional time to do so. The Court gave Plaintiff meaningful notice of what was
expected, cautioned him that his case would be dismissed if he failed to timely comply, and waited
an additional period of time for him to comply. Therefore, this action will be dismissed, without
prejudice, due to Plaintiff’s failure to comply with the Court’s November 18, 2024 Memorandum
and Order and his failure to prosecute his case. See Fed. R. Civ. P. 41(b), Brown v. Frey, 806 F.2d
801, 803 (8th Cir. 1986) (“A district court has the power under Fed. R. Civ. P. 41(b) to dismiss
an action for the plaintiff’s failure to comply with any court order[.]”). Because the Court has
discretion

to

dismiss

this

action

without

prejudice,

appeal from this dismissal would not be taken in good faith.
Accordingly,

2

the

Court

concludes

an

IT IS HEREBY ORDERED that this case is DISMISSED without prejudice pursuant to
Fed. R. Civ. P. 41(b).
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
Dated this 3rd day of January, 2025.

__________________________________________
STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE

3