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)

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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

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