govinfo:USCOURTS-moed-4_26-cv-00639-1

UNITED STATES DISTRICT COURT 
 EASTERN DISTRICT OF MISSOURI 
 EASTERN DIVISION 
  
DAWN HEIMBURGER, ) 
 ) 
Plaintiff, ) 
 ) 
v. )  No. 4:26-cv-639-SRW 
 ) 
JUDGE JULIA LASATER, et al., ) 
 ) 
Defendants. ) 
 
 MEMORANDUM AND ORDER 
This matter is before the Court upon review of the file. Plaintiff Dawn Heimburger 
commenced this civil action on April 29, 2026. ECF No. 1. On May 7, 2026, the Court ordered 
Plaintiff to file an application to proceed without prepaying costs or fees or, in the alternative, 
pay the filing fee in full. ECF No. 2. Plaintiff was also ordered to file an amended complaint on a 
Court form. Plaintiff was given 30 days from the date of the Order to comply. Id. The Court 
cautioned Plaintiff that her failure to timely comply with the Order would result in the dismissal 
of the case without further notice. Id.  
To date, Plaintiff has neither responded to the Court’s Order, nor sought additional time 
to do so. Plaintiff was given meaningful notice of what was expected, she was cautioned that her 
case would be dismissed if she failed to timely comply, and she was given ample time to comply. 
The Court will therefore dismiss this action, without prejudice, due to Plaintiff’s failure to 
comply with the Court’s May 7, 2026 Order and her failure to prosecute her 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 
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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.   
IT IS HEREBY CERTIFIED  that an appeal from this di smissal would not be taken in 
good faith.  
An Order of Dismissal will accompany this Memorandum and Order. 
 Dated this 15
th day of June, 2026. 
 
 
 
 
    
  CRISTIAN M. STEVENS 
  UNITED STATES DISTRICT JUDGE 
  
 
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