Carter v. Lasater et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARRYL A. CARTER 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 4:25-cv-1725-CMS
)
J LASATER, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This matter is before the Court on review of the case. In the Court’s Order of December
29, 2025, the Court denied Plaintiff Darryl A. Carter’s Application to Proceed in District Court
Without Prepaying Fees or Costs and ordered him to pay the full filing fee by January 19, 2026.
ECF No. 5. The Court’s Order warned Plaintiff that his “failure to timely pay the full filing fee
will result in the dismissal of this case.” Id. at 5. Nevertheless, Plaintiff has failed to pay the full
filing fee in compliance with that order. The Court will therefore dismiss this action, without
prejudice, due to Plaintiff’s failure to comply with the Court’s December 29, 2025 Order and his
failure to prosecute his case. See Fed. R. Civ. P. 41(b); see also Link v. Wabash R.R. Co., 370 U.S.
626, 630-31 (1962) (the authority of a court to dismiss sua sponte for lack of prosecution is inherent
power governed “by the control necessarily vested in courts to manage their own affairs so as to
achieve the orderly and expeditious disposition of cases”); Brown v. Frey, 806 F.2d 801, 803 (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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IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
An Order of Dismissal will accompany this Memorandum and Order.
Dated this 27th day of January 2026.
CRISTIAN M. STEVENS
UNITED STATES DISTRICT JUDGE
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