Cox v. Grote et al

Filing 42

ORDER TO SHOW CAUSE ENTERED: Plaintiff shall show good cause, in writing, to Judge Murguia as to why this case should not be dismissed for failure to prosecute and/or comply with a Court Order 33 & 39 and D. Kan. Rule 5.1(c)(3). Signed by Magistrate Judge David J. Waxse on 07/12/17. Mailed to pro se party Dusty James Cox by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DUSTY JAMES COX,
Plaintiff,
v.

Case No. 15-3189-CM-DJW

STEWART GROTE,
Defendant.

ORDER TO SHOW CAUSE
On March 30, 2017, the Court directed Plaintiff to file a status report updating the Court
and the parties of his situation on or before April 28, 2017 (Doc. 33). On April 24, Plaintiff
requested additional time to file the status report (Doc. 36), which the Court granted on May 24,
directing Plaintiff to file his status report by June 28. As of this date, Plaintiff has not filed
anything. The Court received return mail stating Plaintiff is no longer at the Butner Federal
Correctional Institution (See Doc. 41). A search of the Federal Bureau of Prisons inmate locator
website indicates he was released from custody on May 19, 2017. Local Rules require pro se
parties to “notify the clerk in writing of any change of address or telephone number” and “[a]ny
notice mailed to the last address of record of an attorney or pro se party is sufficient notice.” D.
Kan. Rule 5.1(c)(3). Plaintiff has not noticed the Court as to his current address.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff shall show good
cause, in writing, to Judge Murguia as to why this case should not be dismissed for failure to
prosecute and/or comply with a Court Order (Docs. 33 & 39) and D. Kan. Rule 5.1(c)(3).
Dated July 12, 2017, at Kansas City, Kansas.
s/ David J. Waxse
David J. Waxse
U.S. Magistrate Judge