Willadsen v. State of Missouri et al

Filing 4

Order of Dismissal. Signed by District Judge Nanette K. Laughrey on 11/16/09. (Bax, Laura)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

MARK WILLADSEN, Plaintiff, v. STATE OF MISSOURI, et al., Defendants.

) ) ) ) ) ) ) ) ) ORDER

No. 09-4194-CV-C-NKL

On September 28, 2009, plaintiff was ordered to correct a technical defect in his complaint. Plaintiff was advised that "failure of plaintiff to comply with this court's order will result in dismissal of this action without further notice to plaintiff." Plaintiff has failed to respond to the order. A district court has power to dismiss an action for failure of the plaintiff to comply with "a court order." Fed. R. Civ. P. 41(b). As stated in M.S. v. Wermers, 557 F.2d 170, 175 (8th Cir. 1977), "[s]uch action may be taken on the court's own motion, Welsh v. Automatic Poultry Feeder Co., 439 F.2d 95, 96 (8th Cir. 1971)." "The `sanction imposed by the district court must be proportionate to the litigant's transgression'. . . ." Doe v. Cassel, 403 F.3d 986, 988-90 (8th Cir. 2005) (quoting Rodgers v. Curators of Univ. of Mo., 135 F.3d 1216 (8th Cir. 1998)). Dismissal, without prejudice, is appropriate here. Plaintiff is notified that if he decides to file an appeal to the United States Court of Appeals for the Eighth Circuit, he will be required to pay the full $455.00 appellate filing fee, regardless of the outcome of the appeal. Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997). In Henderson, the Eighth Circuit stated that by filing a notice of appeal, the prisoner/appellant consents to the deduction of the initial partial appellate filing fee and the remaining installments from the prisoner's account by prison officials.

THEREFORE, IT IS ORDERED that this case is dismissed, without prejudice.

/ s/ NANETTE K. LAUGHREY United States District Judge Dated: November 16, 2009 Jefferson City, Missouri

2