Ross v. Horn et al

Filing 5

MEMORANDUM AND ORDER Denying as moot 2 Motion for Leave to Proceed in forma pauperis. This matter is dismissed without prejudice under Fed.R.Civ.P. 41(b). Signed by U.S. District Senior Judge Sam A. Crow on 10/10/17. Mailed to pro se party Bradlee Marshall Ross by regular mail (msb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BRADLEE MARSHALL ROSS,
Plaintiff,
v.

CASE NO. 17-3130-SAC

(NFN) HORN, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is a civil rights action filed under 42 U.S.C. § 1983.
On August 29, 2017, Magistrate Judge Waxse entered an order directing
plaintiff to submit an initial partial filing fee on or before
September 29, 2017. The copy of the order mailed to plaintiff was
returned as undeliverable, and plaintiff has not advised the Court
of a change of address as required by the rules of the Court. See
D.Kan.R. 5.1(c)(3).
The Court has examined the record and concludes this matter may
be dismissed without prejudice under Fed.R.Civ.P. 41(b) due to
plaintiff’s failure to prosecute this matter by complying with the
rules and directions of the Court. Rule 41(b) “has long been
interpreted to permits 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.” Olsen v. Mapes, 333 F.3d 1199, 1204 n.
3 (10th Cir. 2003).
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
without prejudice under Fed.R.Civ.P. 41(b).
IT IS FURTHER ORDERED plaintiff’s motion for leave to proceed
in forma pauperis (Doc. #2) is denied as moot.

IT IS SO ORDERED.
DATED:

This 10th day of October, 2017, at Topeka, Kansas.

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