Pollock v. Kansas Department of Corrections

Filing 5

ORDER ENTERED: This matter is dismissed for lack of prosecution. Plaintiff's motion 2 to proceed in forma pauperis is denied as moot. Signed by Senior District Judge Sam A. Crow on 7/22/2013. (Mailed to pro se party Clint Andrew Pollock by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CLINT ANDREW POLLOCK,
Plaintiff,
v.

CASE NO. 13-3051-SAC

KANSAS DEPARTMENT OF CORRECTIONS,
Defendant.

O R D E R

This matter is a civil rights action filed pursuant to 42 U.S.C.
§ 1983. Plaintiff commenced this action while incarcerated in the
Wyandotte County Detention Center, Kansas City, Kansas.
By its order of June 25, 2013, the court directed plaintiff to
supplement the record with financial records and with a statement of
the factual basis for his claim and the relief sought. Plaintiff was
advised the failure to file a timely response might result in the
dismissal of this matter without additional prior notice.
On July 8, 2013, the copy of the order mailed to plaintiff was
returned as undeliverable. Plaintiff has not provided a current
address to the clerk of the court, and there has been no response to
the court’s order.
A court has the inherent power to dismiss an action for failure
to prosecute in order to ensure the orderly and expeditious resolution
of cases. Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962).
The court finds the present matter may be dismissed due to plaintiff’s
failure to supply a current address or otherwise prosecute this
matter.

IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
for lack of prosecution.
IT IS FURTHER ORDERED plaintiff’s motion to proceed in forma
pauperis (Doc. 2) is denied as moot.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
DATED:

This 22nd day of July, 2013, at Topeka, Kansas.

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