Opinion
22-3200-JWL-JPO
10-12-2022
JOHN TIMOTHY PRICE, Plaintiff, v. BRIAN C. HILL, Defendant.
ORDER
JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE
Plaintiff, John Timothy Price, who is currently detained at the Douglas County Jail in Lawrence, Kansas, brings this pro se civil rights case. The Court entered an Order (Doc. 2) finding Plaintiff is subject to the “three-strikes” provision under 28 U.S.C. § 1915(g). The Court examined the Complaint and found no showing of imminent danger of serious physical injury. (Doc. 2, at 2.) The Court also granted Plaintiff until October 11, 2022, to submit the $402.00 filing fee. The Court's order provided that “[t]he failure to submit the fee by that date will result in the dismissal of this matter without prejudice and without additional prior notice.” Id. at 3. Plaintiff has failed to pay the filing fee by the deadline set forth in the order.
Plaintiff filed a response (Doc. 3) arguing that the case should be considered as a habeas case and stating that he recently satisfied the habeas filing fee. However, Plaintiff has a separate habeas case pending-Case No. 22-3201. Plaintiff's instant case alleges that his health and safety were disregarded and he was denied adequate medical attention at the Shawnee County Jail because it took months to receive an x-ray and staff were on notice of the medical indifference. Those claims relate to his conditions of confinement.
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 Fed.Appx. 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 Fed.Appx. at 771-72 (citations omitted).
The time in which Plaintiff was required to submit the filing fee has passed. As a consequence, the Court dismisses this action without prejudice pursuant to Rule 41(b) for failure to comply with court orders.
IT IS THEREFORE ORDERED BY THE COURT that this action is dismissed without prejudice pursuant to Fed.R.Civ.P. 41(b).
IT IS SO ORDERED.