Opinion
CASE NO. 17-3210-SAC
09-05-2018
DEVORIS ANTOINE NEWSON, Plaintiff, v. DAVID QUINTANAR, et al., Defendants.
ORDER
Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. The Court granted Plaintiff leave to proceed in forma pauperis. On August 14, 2018, the Court entered an Order for the clerk of the court to issue waivers of service to the individual defendants named in Plaintiff's Complaint. (Doc. 14.) The Court's Order was mailed to Plaintiff at his current address of record and was returned as undeliverable, with a notation that Plaintiff was no longer at the El Paso County Jail Annex. (Doc. 21.) The Court's Local Rules provide that "[e]ach attorney or pro se party must notify the clerk in writing of any change of address or telephone number. Any notice mailed to the last address of record of an attorney or pro se party is sufficient notice." D. Kan. Rule 5.1(c)(3). Plaintiff has failed to provide the Court with a Notice of Change of Address.
Rule 41(b) of the Federal Rules of Civil Procedure "authorizes a district court, upon a defendant's motion, to order the dismissal of an action for failure to prosecute or for failure to comply with the Federal Rules of Civil Procedure or 'a court order.'" Young v. U.S., 316 F. App'x 764, 771 (10th Cir. 2009) (citing Fed. R. Civ. P. 41(b)). "This rule has been interpreted as permitting district courts to dismiss actions sua sponte when one of these conditions is met." Id. (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962); Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)). "In addition, it is well established in this circuit that a district court is not obligated to follow any particular procedures when dismissing an action without prejudice under Rule 41(b)." Young, 316 F. App'x at 771-72 (citations omitted).
IT IS THEREFORE ORDERED THAT Plaintiff is directed to show cause to Senior District Judge Sam A. Crow, in writing, on or before October 5, 2018, why this matter should not be dismissed under Fed. R. Civ. P. 41(b) for failure to prosecute.
IT IS SO ORDERED.
Dated on this 5th day of September, 2018, in Topeka, Kansas.
s/ Sam A. Crow
SAM A. CROW
U. S. Senior District Judge