Opinion
Case No. 2:98-CV-0125DB
December 26, 2003
ORDER
On April 11, 2001, this Court issued an Order to Show Cause why this case should not be dismissed for failure to prosecute. Plaintiff was ordered to inform the Court of the status of the case and its intentions to proceed within fifteen (15) days of the date the order was issued. Despite the lapse of over two-and-half years, Plaintiff has failed to file a response to this Court's April, 11, 2001 Order to Show Cause.
Pursuant to Federal Rules of Civil Procedure, an action can be dismissed "upon order of the court and upon such terms and conditions as the court deems proper." Fed.R.Civ.P. 41(a)(2). "A trial court may . . . on its own motion, dismiss an action for failure of the plaintiff to prosecute [the action] with reasonable diligence." SEC v. Power Res. Corp., 495 F.2d 297, 298 (10th Cir. 1974), "[T]he power to invoke this sanction is necessary in order to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars of the District Courts." Link v. Wabash R. R. Co., 370 U.S. 626, 629-30(1962).
The Court issued the April 11, 2001 Order to Show Cause because nothing had been filed with the Court since April 1999, just over two years. Plaintiff has failed to respond to the Court's Order to Show Cause and, for that matter, failed to file any document with the Court for over four-and-one-half years.
Accordingly, the Court DISMISSES this case WITH PREJUDICE.
IT IS HEREBY ORDERED.