Slaughter v. Johnson County Adult Detention Center et al

Filing 5

MEMORANDUM AND ORDER ENTERED: This matter is dismissed without prejudice. Plaintiff's motion to proceed in forma pauperis 4 is denied as moot. Signed by U.S. Senior District Judge Sam A. Crow on 12/12/18. Mailed to pro se party Abron Dion Slaughter by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ABRON D. SLAUGHTER,
Plaintiff,
v.

CASE NO. 17-3147-SAC

JOHNSON COUNTY ADULT DETENTION CENTER,
et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is a civil rights action filed under 42 U.S.C. § 1983.
On November 7, 2017, the Court granted leave to proceed in forma
pauperis and directed plaintiff to show cause on or before December
7, 2017, why this matter should not be dismissed. The order advised
plaintiff that the failure to file a timely response might result in
the dismissal of this matter without prejudice. Plaintiff has filed
no response.
Rule 41(b) of the Federal Rules of Civil Procedure authorizes
a district court to dismiss an action if a plaintiff “fails to
prosecute or to comply with these rules or a court order.” See Fed.
R. Civ. P. 41(b). In the Tenth Circuit, case law has “consistently
interpreted Rule 41(b) to permit courts to dismiss actions sua sponte
for a plaintiff’s failure to prosecute.” Huggins v. Supreme Court of
U.S., 480 Fed.Appx. 915, 916-17 (10th Cir. 2012)(internal quotation
marks omitted). Where, as here, a dismissal is without prejudice, the
Court need not follow any “particular procedures.” AdvantEdge Bus.
Grp. v. Thomas E. Mestmaker & Assocs., Inc., 552 F.3d 1223, 1236 (10th
Cir. 2009).

Having considered the record, the Court concludes dismissal is
appropriate due to plaintiff’s failure to comply with the order to
show cause entered in this matter.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
without prejudice.
IT IS FURTHER ORDERED plaintiff’s motion to proceed in forma
pauperis (Doc. #4) is denied as moot.
IT IS SO ORDERED.
DATED:

This 12th day of December, 2017, at Topeka, Kansas.

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