Smith v. Kansas, State of

Filing 7

MEMORANDUM AND ORDER ENTERED: This matter is dismissed without prejudice. Signed by Senior District Judge Sam A. Crow on 1/2/2013. (Mailed to pro se party Thomas B. Smith by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

THOMAS B. SMITH,
Plaintiff,
v.

CASE NO. 12-3191-SAC

STATE OF KANSAS,
Defendant.

MEMORANDUM AND ORDER

This matter is a civil action filed by a prisoner at the Sedgwick
County Jail, Wichita, Kansas. By its order entered on November 21,
2012, the court directed plaintiff to file any objection to the
construction of this action as a petition for habeas corpus and to
its summary dismissal without prejudice. On November 28, 2012, the
copy of the order mailed to the plaintiff was returned as undeliverable
and marked to show that plaintiff no longer was in custody. Thereafter,
the court entered an order to show cause directing plaintiff to show
cause on or before December 21, 2012, why this matter should not be
dismissed for lack of prosecution. On December 17, 2012, the copy of
that order was returned as undeliverable.
A court has the inherent power to dismiss an action for failure
to prosecute to ensure the orderly and expeditious resolution of its
cases. Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962). The
plaintiff has filed no response to the orders of November 21, 2012,
and December 5, 2012, and the court concludes this matter may be
dismissed.

IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
without prejudice.
A copy of this order shall be transmitted to the plaintiff at
his last known address.
IT IS SO ORDERED.
DATED:

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

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