Parks v. Marcus

Filing 10

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that this action is DISMISSED without prejudice pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiffs motion to appoint counsel (Docket No. 7 ) is DENIED as moot. IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith. Signed by District Judge Ronnie L. White on 6/29/2017. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KYLE MAURICE PARKS,
Plaintiff,
v.

HOW ARD MARCUS ,
Defendant.

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No. 4:17-cv-1454-SPM

MEMORANDUM AND ORDER
This matter is before the Court sua sponte. This action will be dismissed pursuant to
Rule 41 (b) of the Federal Rules of Civil Procedure.
Plaintiff commenced this action on May 4, 2017, but he neither paid the $400.00 filing
fee nor sought leave to proceed in forma pauperis. In an order dated May 9, 2017, this Court
ordered him to do one or the other, and cautioned him that his case may be dismissed if he failed
to timely comply. (Docket No. 3). 1 Plaintiffs response was due to the Court on June 8, 2017,
but he has neither complied nor sought additional time to do so.

Instead, he has filed an

amended complaint, a motion for the appointment of counsel, a memorandum submitting
evidence in support of his claims and asking the Court to conduct an analytical review, and a
letter inquiring about the status of his case. (Docket Nos. 6 - 9).
Federal Rule of Civil Procedure 41(b) addresses the dismissal of a case for failure to
comply with Court orders. The United States Supreme Court has held the power to dismiss
under Rule 41(b) includes the power to dismiss sua sponte. Link v. Wabash R.R. Co., 370 U.S.
626, 630-31 (1962). In this case, plaintiff was expressly warned of the consequences of his
failure to timely comply with the May 9, 2017 order, and given ample opportunity to comply.
1
The Court entered two orders on May 9, 2017. In this Memorandum and Order, the Court refers only to docket
number 3, the order directing plaintiff to either pay the filing fee or move for leave to proceed informa pauperis.

This action will therefore be dismissed pursuant to Rule 41 (b) of the Federal Rules of Civil
Procedure. See Brown v. Frey, 806 F.2d 801 , 803-04 (8th Cir. 1986) (holding that a district court
has the power to dismiss an action for the plaintiffs failure to comply with any court order).
Accordingly,

IT IS HEREBY ORDERED that this action is DISMISSED without prejudice pursuant
to Rule 41 (b) of the Federal Rules of Civil Procedure.

IT IS FURTHER ORDERED that plaintiffs motion to appoint counsel (Docket No. 7)
is DENIED as moot.

IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith.
Dated

this~y of June, 2017.

~LM!?
a
IELWHITE
UNITED STATES DISTRICT JUDGE

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