Ross v. Pokorny et al

Filing 10

ORDER ENTERED: This matter is dismissed without prejudice. Plaintiff's combined motion to proceed in forma pauperis and motion to appoint counsel 2 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 09/19/17. Mailed to pro se party Emmanuel Lee Ross by regular mail. (smnd)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS EMMANUEL LEE ROSS, Plaintiff, v. CASE NO. 17-3133-SAC-DJW SALLY D. POKORNY, et al., Defendants. ORDER OF DISMISSAL By its Order entered on August 29, 2017, the Court granted plaintiff to and including September 11, 2017, to show cause why this matter should not be dismissed for lack of prosecution. The order mailed to plaintiff was returned as undeliverable on September 7, 2017, and plaintiff has not responded. Plaintiff has failed to comply with the requirement that a party notify the clerk of the court of a change of address in writing. D.Kan.5.1(c)(3). The Court therefore concludes this matter may be dismissed without prejudice to refiling. See Theede v. U.S. Dept. of Labor, 172 F.3d 1262, 1267 (10th Cir. 1999). IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed without prejudice. IT IS FURTHER ORDERED plaintiff’s combined motion to proceed in forma pauperis and motion to appoint counsel (Doc. #2) is denied. IT IS SO ORDERED. DATED: This 19th day of September, 2017, at Topeka, Kansas. S/ Sam A. Crow SAM A. CROW U.S. Senior District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?