Opinion
Case No. 03-4190-SAC
January 13, 2004
MEMORANDUM AND ORDER
This case comes before the court on its own show cause order why this case should not be dismissed. This case, alleging excessive use of force by certain police officers of Junction City, Kansas, was originally filed in Geary County, Kansas. Defendants removed the case then filed a motion to dismiss, alleging that all of plaintiff's claims are barred by the applicable statute of limitations and by the doctrine of official immunity. When no response was received from plaintiff to defendants' motion to dismiss, the court ordered plaintiff to "show cause why this case should not be dismissed for plaintiff's failure to respond to the defendants' motion to dismiss and for failure to show that plaintiff's attorney is licensed to practice in this court."
No response to the court's show cause order has been filed. By letter to the court dated January 6, 2003, plaintiff's counsel alleges that he neither practices nor desires to practice in federal court except in bankruptcy matters, that his electronic equipment is not compatible with that the federal electronic filing system, and that he is not currently licensed to practice in federal court. From the facts set forth in the letter from plaintiff's counsel, the court believes that he is not likely to be licensed to practice in federal court in the immediate future. Plaintiff's counsel makes no attempt to respond to the merits of the motion to dismiss, but pleads that the court not dismiss the case to the prejudice of his client.
Because plaintiff has not secured counsel who is currently licensed to practice in this court, the court considers plaintiff to be pro se. Nonetheless, based upon plaintiff's failure to file a response to the show cause order and plaintiff's failure to respond to the motion to dismiss, the court finds that plaintiff's case must be dismissed without prejudice.
IT IS THEREFORE ORDERED that plaintiff's case is dismissed without prejudice.