Opinion
24-3169-JWL
11-20-2024
MICHAEL WATTREE, Plaintiff, v. JOHNSON COUNTY, KANSAS, et al., Defendants.
MEMORANDUM AND ORDER
JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE.
Plaintiff brings this pro se civil rights action under 42 U.S.C. § 1983. Plaintiff is in custody at the Johnson County Adult Detention Center in Olathe, Kansas. On October 15, 2024, the Court entered a Notice of Deficiency (Doc. 4) finding that Plaintiff failed to support his motion for leave to proceed in forma pauperis with the financial information required by 28 U.S.C. § 1915(a)(2). The order granted Plaintiff until November 14, 2024, to cure the deficiencies by providing the required financial information. See 28 U.S.C. § 1915(a)(2) (A prisoner seeking to bring a civil action without prepayment of fees shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint.) The order provides that failure to comply within the prescribed time may result in dismissal of this action without prejudice and without further notice. (Doc. 4, at 1.) Plaintiff has failed to comply by the Court's deadline.
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).
Plaintiff has failed to provide the financial information to support his motion for leave to proceed in forma pauperis by the deadline in the Court's order.
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice under Fed.R.Civ.P. 41(b).
IT IS FURTHER ORDERED that Plaintiff's motion for leave to proceed in forma pauperis (Doc. 3) is denied.
IT IS SO ORDERED.