Masek v. Gowdy et al

Filing 35

MEMORANDUM AND ORDER -IT IS HEREBY ORDERED that defendants' motion to dismiss [ECF No. 32 ] is granted. An Order of Dismissal will be filed separately.. Signed by District Judge Carol E. Jackson on 7/23/14. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL DAVID MASEK,
Plaintiff,
v.
RICHARD N. GOWDY, et al.,
Defendants,

)
)
)
)
)
)
)
)
)

No. 4:13CV2447 CEJ

MEMORANDUM AND ORDER
Defendants Richard Gowdy and Laurent Javois move to dismiss this action
under Rule 41(b) of the Federal Rules of Civil Procedure for plaintiff’s failure to
file an amended complaint as ordered by the court on May 7, 2014. Plaintiff has
responded that he is “unable to continue [his] case” because the court has not
appointed him legal counsel.
Under Rule 41(b), a court may dismiss an action for failure to comply with a
court order or for failure to prosecute. Plaintiff’s failure to file an amended
complaint or to adequately respond to defendants’ motion to dismiss constitutes
both a failure to comply and a failure to prosecute. As a result, the court will
dismiss this action. However, the dismissal will be without prejudice.
Accordingly,

IT IS HEREBY ORDERED that defendants’ motion to dismiss [ECF No.
32] is granted.
An Order of Dismissal will be filed separately.
Dated this 23rd day of July, 2014.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

2