Vigil v. Reno County Sheriff's Department et al
MEMORANDUM AND ORDER dismissing this matter without prejudice. Signed by District Judge Sam A. Crow on 5/30/2017. Mailed to pro se party Venancio Vigil, Jr. by regular mail. (ms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CASE NO. 17-3071-SAC
RENO COUNTY SHERIFF’S DEPARTMENT,
MEMORANDUM AND ORDER
This matter is a civil rights action filed under 42 U.S.C. § 1983.
Plaintiff commenced this action on April 24, 2017. On the same day,
the Clerk of the Court entered a Notice of Deficiency advising
plaintiff that he must submit financial records in support of his
application to proceed in forma pauperis. Plaintiff was advised the
failure to comply within the prescribed time might result in the
dismissal of this matter without additional notice.
The response was due on May 24, 2017. Plaintiff has failed to
submit the records and has filed no other response, and the Court
concludes this matter may be dismissed without prejudice under Rule
41(b) of the Federal Rules of Civil Procedure.
“Although the language of Rule 41(b) requires that the defendant
file a motion to dismiss, the Rule has long been interpreted to permit
courts [as here] to dismiss actions sua sponte for a plaintiff’s
failure to … comply with the rules of civil procedure or court’s
orders.” Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003).
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
IT IS SO ORDERED.
This 30th day of May, 2017, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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