Roudybush v. State of Kansas et al

Filing 24

MEMORANDUM AND ORDER granting in part and denying in part 18 Motion for Review; granting in part and denying in part 19 Motion for Extension of Time to File Response/Reply. Plaintiff has until November 1, 2017 to file a final response to Judge O'Hara's 11 Order to Show Cause. The court does not grant plaintiff any other relief requested in those motions and will determine whether to dismiss this case after the November 1 deadline passes. Signed by District Judge Carlos Murguia on 10/19/2017.Mailed to pro se party John Roudybush by certified mail ; Certified Tracking Number: 70123460000082626351 (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOHN ROUDYBUSH,
Plaintiff,
v.
STATE OF KANSAS, et al.,
Defendants.

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Case No. 17-2303-CM

MEMORANDUM AND ORDER
Upon reviewing plaintiff John Roudybush’s complaint and granting him leave to proceed in
forma pauperis, Magistrate Judge James P. O’Hara ordered plaintiff to show cause why his complaint
should not be dismissed. Judge O’Hara explained to plaintiff the deficiencies in plaintiff’s complaint
and gave plaintiff until August 16, 2017 to show cause to the undersigned judge. Plaintiff asked for an
extension of time, and Judge O’Hara extended the time to September 15, 2017. On August 30 and 31,
plaintiff again requested additional time to respond (Docs. 18 and 19). Document 18 also purported to
be a motion to review Judge O’Hara’s order. Finally, on September 14, plaintiff filed what appears to
be a 10-page response to Judge O’Hara’s order (Doc. 22). In that response, plaintiff again asked for an
additional 30 days to fully respond to the order.
In the interest of justice, the court will give plaintiff one final extension of time to fully respond
to Judge O’Hara’s order to show cause. No further extensions will be given. At this point, plaintiff
has had more than two months to review the order and research the law. Plaintiff’s final response is
due on or before November 1, 2017. At that time, the court will determine whether dismissal of
plaintiff’s complaint is warranted.

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IT IS THEREFORE ORDERED that the motions for continuances and review (Docs. 18 and
19) are granted in part and denied in part. Plaintiff has until November 1, 2017 to file a final response
to Judge O’Hara’s order to show cause (Doc. 11). The court does not grant plaintiff any other relief
requested in those motions and will determine whether to dismiss this case after the November 1
deadline passes.
Dated this 19th day of October, 2017, at Kansas City, Kansas.

s/ Carlos Murguia__________________
CARLOS MURGUIA
United States District Judge

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