Orr v. Wilkinson et al

Filing 4

ORDER ENTERED: This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b). Signed by U.S. Senior District Judge Sam A. Crow on 08/11/17. Mailed to pro se party Norman Eugene Orr by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

NORMAN EUGENE ORR,
Plaintiffs,
v.

CASE NO. 17-3111-SAC-DJW

WILLIE WILKINSON, et al.,
Defendants.

ORDER
Plaintiff Norman Eugene Orr, is a prisoner housed at the Montgomery County Jail in
Independence, Kansas. Plaintiff filed this pro se civil rights case under 42 U.S.C. § 1983.
Plaintiff filed a motion for leave to proceed in forma pauperis. (Doc. 2.) On July 7, 2017, the
Court entered an order (Doc. 3) granting Plaintiff’s motion to proceed in forma pauperis, and
assessed an initial partial filing fee of $2.50. The Order provided that failure to pay the partial
fee within fourteen days from receipt of the order “may result in the dismissal of this matter
without further notice.” To date, Plaintiff has not submitted the partial fee or filed an objection
to the fee order.
Rule 41(b) of the Federal Rules of Civil Procedure “authorizes a district court, upon a
defendant’s motion, to order the dismissal of an action for failure to prosecute or for failure to
comply with the Federal Rules of Civil Procedure or ‘a court order.’” Young v. U.S., 316 F.
App’x 764, 771 (10th Cir. 2009) (citing Fed. R. Civ. P. 41(b)). “This rule has been interpreted as
permitting district courts to dismiss actions sua sponte when one of these conditions is met.” Id.
(citing Link v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962); Olsen v. Mapes, 333 F.3d 1199,
1204 n.3 (10th Cir. 2003)). “In addition, it is well established in this circuit that a district court is
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not obligated to follow any particular procedures when dismissing an action without prejudice
under Rule 41(b).” Young, 316 F. App’x at 771–72 (citations omitted).
The time for Plaintiff to pay the partial fee has passed without any response from
Plaintiff. As a consequence, the Court dismisses this action without prejudice pursuant to
Rule 41(b) for failure to comply with court orders.
IT IS THEREFORE BY THE COURT ORDERED that this action is dismissed
without prejudice pursuant to Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated on this 11th day of August, 2017, in Topeka, Kansas.

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

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