Loggins v. Sedgwick County Sheriff's Department et al

Filing 5

ORDER ENTERED: Plaintiff's motion 2 for leave to proceed in forma pauperis is denied. This action is dismissed and all relief is denied without prejudice. This action counts as a strike under 28 U.S.C. 1915(g). Signed by Senior District Judge Sam A. Crow on 7/20/2011. (Mailed to pro se party Kevin D. Loggins by regular mail.) (smnd) Modified to add text on 7/20/2011 (smnd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
KEVIN D. LOGGINS,
Plaintiff,
v.

CASE NO.

11-3079-SAC

SEDGWICK COUNTY
SHERIFF’S DEPARTMENT,
et al.,
Defendants.
O R D E R
The initial pleading filed in this action was entitled
“Motion Seeking . . . Court Order regarding Movants Subpoena.”
Upon screening, Mr. Loggins was given time to pay, or object to, an
initial partial filing fee and show cause why this action should
not be dismissed for failure to state a claim for relief.

He was

also directed to show cause why this action should not be counted
as a strike.

The time in which Mr. Loggins was required to comply

with the court’s Order has expired and nothing further has been
submitted by him.
“Rule 41(b) authorizes a district court, upon a defendant’s
motion,

to

order

the

dismissal

of

an

action

for

failure

to

prosecute as well as 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. Mar. 12, 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).
at *6 (citations omitted).

Id.

The court concludes that this action

must be dismissed on account of plaintiff’s failure to pay the
assessed, initial partial filing fee, and failure to show cause why
this action should not be dismissed for failure to state a claim.
IT IS THEREFORE ORDERED that plaintiff’s Motion for Leave
to Proceed in forma pauperis (Doc. 2) is denied, and this action is
dismissed and all relief is denied, without prejudice.
IT IS FURTHER ORDERED that this action counts as a strike
under 28 U.S.C. § 1915(g).
IT IS SO ORDERED.
Dated this 20th day of July, 2011, at Topeka, Kansas.

s/Sam A. Crow
U. S. Senior District Judge

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