Beauclair (ID 74638) v. High et al

Filing 8

MEMORANDUM AND ORDER ENTERED: This action is dismissed and all relief is denied without prejudice pursuant to Rule 41(b). Signed by Senior District Judge Sam A. Crow on 02/11/15. Mailed to pro se party Danny E. Beauclair by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DANNY E. BEAUCLAIR,
Plaintiff,
v.

CASE NO.

14-3020-SAC

DENNIS HIGH, et al.,
Defendants.
MEMORANDUM AND ORDER
This pro se civil rights complaint was filed pursuant to 42
U.S.C. § 1983 by an inmate seeking to sue prison officials in
connection with a disciplinary report against him.

The court

entered a Memorandum and Order on January 7, 2015, finding that
this

action

was

subject

to

failure to state a claim.

dismissal

as

frivolous

and

for

Mr. Beauclair was granted time in

which to show cause why this action should not be dismissed for
the reasons set forth in its Memorandum and Order.

The time in

which plaintiff was required to show good cause has expired and
nothing further has been received from plaintiff.
“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.’”
316

Fed.Appx.

41(b)).

764,

771

(10th

Cir.

Young v. U.S.,

2009)(citing

Fed.R.Civ.P.

“This rule has been interpreted as permitting district

courts

to

dismiss

actions

conditions is met.”

sua

sponte

when

one

of

these

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

prejudice under Rule 41(b).”

when

dismissing

an

action

without

Id. at 771-72 (citations omitted).

IT IS THEREFORE BY THE COURT ORDERED that this action is
dismissed and all relief is denied without prejudice pursuant to
Rule 41(b).
IT IS SO ORDERED.
Dated this 11th day of February, 2015, at Topeka, Kansas.

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