Terrell v. Sedgwick County
MEMORANDUM AND ORDER ENTERED: This matter is dismissed under Rule 41(b) of the Federal Rules of Civil Procedure. Signed by U.S. Senior District Judge Sam A. Crow on 05/16/17. Mailed to pro se party Edward E. Terrell, Sr. by regular mail. (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
EDWARD E. TERRELL, SR.,
CASE NO. 17-3038-SAC-DJW
MEMORANDUM AND ORDER
By its order of April 17, 2017, the Court liberally construed
this matter as a petition for habeas corpus challenging plaintiff’s
conviction in Case No. 2002-CR-1700. The Court granted plaintiff to
and including May 12, 2017, to submit financial records in support
of his application to proceed in forma pauperis and to show cause why
the matter should not be dismissed as time-barred. Plaintiff has
failed to respond.
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
under Rule 41(b) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
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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