Dunn v. Jacobson et al
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the amended complaint (Docket No. 7 ) is STRICKEN pursuant to Rule 11 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice pursuant to Rule 4l( b) of the Federal Rules of Civil Procedure. A separate order of dismissal will be entered herewith. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in good faith. Signed by District Judge John A. Ross on 6/21/2018. (CLO)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DISTRICT
GARY DALE DUNN,
Plaintiff,
v.
ZACHARY JACOBSON, et al.,
Defendants.
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No. 4:17-cv-2325-JAR
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. Plaintiff commenced this civil
action on August 28, 2017 by filing a complaint in this Court. He sought and was granted leave
to proceed in forma pauperis, and the Court reviewed his complaint pursuant to 28 U.S.C. ยง
1915(e). The Court noted that the complaint was subject to dismissal, and directed plaintiff to
submit an amended complaint.
When plaintiff did not timely respond, the Court, in recognition of his pro se status, sua
sponte gave him additional time to do so. Plaintiff subsequently filed an amended complaint, but
he failed to sign it as required by Rule 11 of the Federal Rules of Civil Procedure. In an order
dated April 3, 2018, the Court directed plaintiff to sign the amended complaint and return it to
the Court.
In that order, the Court specifically cautioned plaintiff that his failure to timely
comply would result in the amended complaint being stricken pursuant to Rule 11 of the Federal
Rules of Civil Procedure.
Plaintiffs response was due to the Court on May 3, 2018, but he neither complied with
the Court's order nor sought additional time to do so. On May 14, 2018, the Court entered an
order noting that it appeared plaintiff had made some effort to file a complaint to allege he was
wrongfully denied medical treatment, and giving plaintiff one last chance to file a signed
amended complaint for the Court's review and consideration.
In that order, the Court
specifically cautioned plaintiff that his failure to timely comply would result in the dismissal of
his case, without prejudice and without further notice.
Plaintiff's response was due to the Court on June 13, 2018. To date, however, he has not
complied with either of the Court's prior orders, nor has he sought additional time to do so. The
Court gave plaintiff meaningful notice of what was expected, and expressly warned him
regarding the consequences that would follow if he failed to timely comply with its orders.
Therefore, the Court will strike plaintiff's complaint pursuant to Rule 11 of the Federal Rules of
Civil Procedure, and will dismiss this case pursuant to Rule 41 (b) of the Federal Rules of Civil
Procedure, due to plaintiff's failure to comply with prior court orders and his persistent failure to
prosecute his case. See Doe v. Cassel, 403 F.3d 986, 990 (8th Cir. 2005) (Rule 41 dismissal is
appropriate in cases of, inter a/ia, persistent failure to prosecute a complaint); see also 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 plaintiff's failure to comply with any court order).
Accordingly,
IT IS HEREBY ORDERED that the amended complaint (Docket No. 7) is
STRICKEN pursuant to Rule 11 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that this case is DISMISSED without prejudice pursuant
to Rule 4l(b) of the Federal Rules of Civil Procedure. A separate order of dismissal will be
entered herewith.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
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Dated this 21st day of June, 2018.
.ROSS
D STATES DISTRICT JUDGE
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