Wilga v. Crawford et al

Filing 6

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. A separate order of dismissal will be entered herewith. IT IS HEREBY CERTIFIED than an appeal from this dismissal would not be taken in good faith. Signed by District Judge Catherine D. Perry on 10/18/17. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHAUN DANIEL WILGA,
Plaintiff,
v.
LARRY CRAWFORD, et al.,
Defendants.

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No. 4:17-CV-1457 CDP

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. On May 5, 2017, plaintiff filed
this action pursuant to 42 U.S.C. § 1983, and also sought leave to proceed in forma pauperis.
Named as defendants were Larry Crawford, Unknown Guard, Unknown Caseworker, and
Unknown Prisoner. In a Memorandum and Order dated July 18, 2017, I granted plaintiff leave
to proceed in forma pauperis, and reviewed his complaint pursuant to 28 U.S.C. § 915(e)(2). I
noted that the complaint was legally frivolous as to Unknown Prisoner and failed to state a claim
upon which relief could be granted as to Crawford and Unknown Caseworker, and dismissed
those defendants. I also noted that plaintiff’s allegations against Unknown Guard were not
specific enough to state a claim against him. In consideration of plaintiff’s pro se status, I
allowed him the opportunity to submit an amended complaint to expand upon his allegations.
Plaintiff’s response to the Court was due on August 8, 2017. To date, however, he has
neither filed an amended complaint nor sought additional time to do so. Plaintiff was given
meaningful notice of what was expected, and given ample time to comply. Therefore, this action
will be dismissed, without prejudice, due to plaintiff’s failure to prosecute his case and his failure
to comply with my July 18, 2017 Order. Fed. R. Civ. P. 41(b); see also Brown v. Frey, 806 F.2d

801, 803-04 (8th Cir. 1986) (a district court has the power to dismiss an action for the plaintiff’s
failure to comply with any court order).
Accordingly,
IT IS HEREBY ORDERED that this case is DISMISSED without prejudice.

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separate order of dismissal will be entered herewith.
IT IS HEREBY CERTIFIED than an appeal from this dismissal would not be taken in
good faith.
Dated this 18th day of October, 2017.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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