Opinion
No. 01-4105-SAC.
January 14, 2002
ORDER
The case is now before the court following its issuance of an order to show cause to which no response has been made. The defendant United States Postal Service filed a motion to dismiss (Dk. 10) the plaintiff's complaint for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). When the pro se plaintiff failed to file any response to this motion, the court issued an order to show cause (Dk. 11) why the defendant's motion should not be granted pursuant to D.Kan. Rule 7.4 as uncontested and why the action against the defendant HomeBase also should not be dismissed pursuant to D.Kan. Rule 41.1 for lack of prosecution. The court sent this order by certified mail with return receipt requested to the address furnished by the plaintiff when he filed this action in forma pauperis and to the return address appearing on correspondence subsequently received from the plaintiff. Both mailings were returned to the court as unclaimed or not deliverable and not able to forward.
Because the plaintiff has not filed a response to the motion to dismiss, a motion for extension of time to respond, or a response to the court's order to show cause, the court grants the defendant Postal Service's motion to dismiss (Dk. 10) as uncontested and also dismisses the action against the defendant HomeBase for lack of prosecution.
IT IS SO ORDERED.