Staples v. United States of America et al

Filing 6

MEMORANDUM AND ORDER ENTERED: This matter is dismissed. Plaintiff's motion for mailings by certified mail 3 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 05/16/17. Mailed to pro se party William Staples by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

WILLIAM STAPLES,
Plaintiff,
v.

CASE NO. 16-3136-SAC-DJW

UNITED STATES OF AMERICA,
et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is a civil action filed by a prisoner in federal
custody. On March 31, 2017, the Court assessed an initial partial
filing fee of $3.50 and granted plaintiff fourteen days from his
receipt of the order to pay the fee. There has been no response.
Rule 41(b) of the Federal Rules of Civil Procedure allows a
district court to dismiss an action sua sponte “[i]f the plaintiff
fails to prosecute or comply with these rules or a court order.”
Fed.R.Civ.P. 41(b). See Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th
Cir. 2003)(stating that Rule 41(b) “has long been interpreted to
permit courts to dismiss actions sua sponte for a plaintiff’s failure
to prosecute or comply with the rules of civil procedure or court’s
orders.”)(citing Link v. Wabash R.R. Co., 370 U.S. 626, 630-31
(1962)). Having considered the record, the Court concludes this matter
may be dismissed.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed.
IT IS FURTHER ORDERED plaintiff’s motion for mailings by
certified mail (Doc. #3) is denied.

IT IS SO ORDERED.
DATED:

This 16th day of May, 2017, at Topeka, Kansas.

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