Venutiano v. Butler County Jail et al

Filing 16

MEMORANDUM AND ORDER ENTERED: This matter is dismissed pursuant to Rule 41(b) for lack of prosecution. Signed by Senior District Judge Sam A. Crow on 5/20/2011. (Mailed to pro se party Mejia Moreno Venutiano by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MEJIA MORENO VENUTIANO,
Plaintiff,
CIVIL ACTION
No. 08-3102-SAC

vs.
BUTLER COUNTY JAIL, et al.,

Defendants.

MEMORANDUM AND ORDER
By a Memorandum and Order entered on April 15, 2011, the
court directed plaintiff to show cause on or before May 19,
2011, why this matter should not be dismissed for the reasons
set forth therein.
The copy of the order mailed to plaintiff’s last known
address was returned as undeliverable, and there has been no
response.
A federal court has the inherent power to act sua sponte to
dismiss an action for failure to prosecute.
Co., 370 U.S. 626, 630-31 (1962).

Link v. Wabash R.

Federal Rule of Civil

Procedure 41(b) authorizes the involuntary dismissal of an
action for failure to prosecute or to comply with procedural
rules or orders of the court.

While the text of Rule 41(b)

contemplates such dismissal upon the motion of a defendant, the
Rule has been interpreted to allow the sua sponte dismissal of
an action.

Link, id.; Rogers v. Andrus Transp. Services, 502

F.3d 1147, 1151 (10th Cir. 2007).

See also Theede v. U.S.

Department of Labor, 172 F.3d 1262 (10th Cir. 1999)(affirming
dismissal
magistrate

where

pro

judge’s

se

plaintiff’s

recommendation

of

failure

to

dismissal

object
was

due

to
to

plaintiff’s failure to inform the court of his correct address).
The court finds plaintiff has failed to prosecute this
action and has received adequate notice of the court’s intention
to dismiss this matter in the absence of a response.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is
dismissed pursuant to Rule 41(b) for lack of prosecution.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 20th day of May, 2011.

S/ Sam A. Crow
SAM A. CROW
United States Senior District Judge

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