Williams v. Armstrong et al

Filing 9

ORDER ENTERED: This matter is dismissed for failure to state a claim upon which relief may be granted. Signed by Senior District Judge Sam A. Crow on 4/2/2013. (Mailed to pro se party Abram Sadean Williams by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ABRAM SADEAN WILLIAMS,
Plaintiff,
v.

CASE NO. 12-3136-SAC

GREG ARMSTRONG and CURTIS MOOSE,
Defendants.

O R D E R

This matter is a civil rights action filed pursuant to 42 U.S.C.
§ 1983. By its order entered on March 5, 2013, the court granted
plaintiff to and including March 26, 2013, to supplement the record.
Plaintiff was advised that the failure to file a timely response might
result in the dismissal of this matter for failure to state a claim
upon which relief may be granted.
On March 27, 2013, the copy of the order mailed to plaintiff was
returned as undeliverable. Plaintiff has not provided a current
address as required by the rules of the court. D. Kan. R. 5.1(c)(3).
A federal court has the inherent power to act sua sponte to
dismiss an action for failure to prosecute. Link v. Wabash R. Co.,
370 U.S. 626, 630-31 (1962). Likewise, Rule 41(b) of the Federal Rules
of Civil Procedure permits the involuntary dismissal of a matter for
failure to prosecute or to comply with procedural rules or orders of
the court. While the text of Rule 41(b) contemplates dismissal upon
the motion of a defendant, that provision has been interpreted to allow
the court to dismiss a matter sua sponte. 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 where pro se plaintiff’s failure to object to magistrate
judge’s recommendation of dismissal was due to plaintiff’s failure
to a provide the court with a current address).
The court finds plaintiff has failed to prosecute this action
and has been afforded adequate notice of the court’s intention to
dismiss this matter in the absence of a response from him. See D. Kan.
R. 5.1 (c)(3)(“Any notice mailed to the last address of record of an
attorney or pro se party is sufficient notice.”)
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
for failure to state a claim upon which relief may be granted.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
DATED:

This 2nd day of April, 2013, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge