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)

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