Jackson v. Providence Medical Center

Filing 12

MEMORANDUM AND ORDER- IT IS THEREFORE ORDERED that plaintiff's complaint is dismissed without prejudice. This case is closed. Signed by District Judge Carlos Murguia on 3/28/2017.Mailed to pro se party Kamilah Jackson by regular mail and certified mail ; Certified Tracking Number: 70123460000082626290(ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
KAMILAH JACKSON,
Plaintiff,
v.

Case No. 16-2584

PROVIDENCE MEDICAL CENTER,
Defendant.

MEMORANDUM & ORDER
Pro se plaintiff Kamilah Jackson brings this action against defendant Providence Medical
Center alleging employment discrimination under Title VII of the Civil Rights Act, the Age
Discrimination in Employment Act, and the Americans with Disabilities Act. Plaintiff filed her
complaint in forma pauperis on August 23, 2016. Defendant filed a Motion to Compel Arbitration and
to Dismiss/Stay Proceedings Pending Arbitration (Doc. 8) on October 17, 2016. After plaintiff failed
to timely respond to defendant’s motion, this court ordered her to show cause as to why she had not
responded. (Doc. 10). On January 4, 2017, the show cause order was returned undeliverable with no
available forwarding address. (Doc. 11).
Rule 41(b) of the Federal Rules of Civil Procedure authorizes the court to dismiss an action
“[i]f the plaintiff fails to prosecute or to comply with these rules or a court order.” Fed. R. Civ. P.
41(b); see also Lamm v. Grubbs, No. 11-3019-JAR (D. Kan. January 24, 2012). Procedural rules
apply equally to pro se litigants as they do any other litigant. See Garrett v. Selby Connor Maddux &
Janer, 425 F.3d 836, 840 (10th Cir. 2005).
Plaintiff has failed to respond to defendant’s motion and the court’s Order to Show Cause.
Plaintiff also neglected to comply with the local rules, which require a party to update the court with

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any change of address. See D. Kan. Rule 5.1(c)(3). For these reasons, the court dismisses this case
under Rule 41(b) for failure to comply with local rules and court orders.
IT IS THEREFORE ORDERED that plaintiff’s complaint is dismissed without prejudice.
This case is closed.

Dated March 28, 2017, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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