Opinion
CIVIL ACTION No. 02-2280-CM
March 25, 2004
MEMORANDUM AND ORDER
On January 26, 2004, Magistrate Judge O'Hara issued an Order to Show Cause (Doc. 33), which directed the remaining plaintiffs in this case, Bob Paterson and Tracy Paterson, to show cause in writing to the undersigned on or before February 9, 2004, why this case should not be dismissed with prejudice for lack of prosecution. Plaintiffs did not respond to the show cause order.
The complaint in this case was filed June 19, 2002. On August 7, 2003, a stipulation dismissing all claims was filed in this case, in which all the parties except plaintiffs Bob Paterson and Tracy Paterson joined. Plaintiffs, who are proceeding pro se, have taken no action since at least April 2003 to pursue their claims.
"[I]t is well established that every court has the inherent power, in the exercise of its discretion, to dismiss a case for want of prosecution and that an appellate court will not reverse such a dismissal in the absence of abuse of discretion." Gilliam v. C.I.R., 60 Fed. Appx. 720, 722 (10th Cir. 2003) (citing Ducommun v. C.I.R., 732 F.2d 752, 754 (10th Cir. 1983)). The court's careful review of the record reveals that plaintiffs Robert and Tracy Paterson have failed to prosecute this action since at least April 2003. Good cause has not been shown why plaintiffs have failed to prosecute the case. The case is therefore subject to dismissal.
IT IS THEREFORE ORDERED that plaintiffs Bob Paterson and Tracy Paterson's claims be dismissed with prejudice.
IT IS FURTHER ORDERED that this case is closed.