Opinion
24-3090-JWL
07-22-2024
STEVEN CRUMP, Plaintiff, v. VITAL CORE HEALTH STRATEGIES, LLC, et al., Defendants.
MEMORANDUM AND ORDER
John W. Lungstrum, United States District Judge
Plaintiff Steven Crump, a state prisoner currently housed at the Johnson County Adult Detention Center (JCADC) in Olathe, Kansas, brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 1.) He initiated this case on June 5, 2024, by filing his complaint, a statement of transactions from his account at the JCADC, and a “poverty affidavit” declaring that he is unable to pay the filing fee. (Docs. 1 and 2.) The following day, the Court issued a notice of deficiency (NOD) informing Plaintiff that he was required to resubmit his complaint upon the provided court-approved forms and to either pay the statutorily required filing fee or submit a motion to proceed without prepayment of fees. (Doc. 3.) The NOD further advised Plaintiff that if he “fail[ed] to comply within the prescribed time, . . . this action may be dismissed without further notice for failure to comply with this court order.” Id. at 1-2. The deadline for compliance was July 8, 2024. Id. at 2.
On July 8, 2024, the Court received from Plaintiff a complaint on the required court-approved form. (Doc. 4.) To date, however, the Court has not received from Plaintiff a motion to proceed without prepayment of the filing fees, nor has Plaintiff paid the filing fees. Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may dismiss an action “if the plaintiff fails to prosecute or to comply with these rules or a court order.” Fed.R.Civ.P. 41(b); See also Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003) (noting that Rule 41(b) “has long been interpreted to permit courts to dismiss actions sua sponte for a plaintiff's failure . . . to comply with the . . . court's orders”). Because Plaintiff has failed to fully comply with the NOD, the Court concludes that this matter should be dismissed without prejudice under Rule 41(b).
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice under Fed.R.Civ.P. 41(b) for failure to comply with a court order.
IT IS SO ORDERED.