Opinion
CASE NO. 20-3015-SAC
03-10-2020
DEIZMOND CURTIS PETERS, Plaintiff, v. MICHELLE PALMER, et al., Defendants.
ORDER OF DISMISSAL
This matter is a civil rights action filed under 42 U.S.C. § 1983. On January 14, 2020, the Court entered an order directing plaintiff to submit an initial partial filing fee on or before February 14, 2020. Plaintiff was advised the failure to submit a timely response might result in the dismissal of this matter. There has been no response.
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).
Due to plaintiff's failure to respond to the order of January 14, the Court will dismiss this matter without prejudice.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed without prejudice.
IT IS FURTHER ORDERED plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) is denied as moot.
IT IS SO ORDERED.
DATED: This 10th day of March, 2020, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge