Orr v. Wilkinson et al
ORDER ENTERED: This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b). Signed by U.S. District Senior Judge Sam A. Crow on 10/4/17. Mailed to pro se party Norman Eugene Orr by regular mail (msb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
NORMAN EUGENE ORR,
CASE NO. 17-3160-SAC
WILLIE WILKINSON, et al.,
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 September 12,
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 $3.50. 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.” The Order also provided that any objection to the Order must
be filed on or before the date payment is due. 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
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 4th day of October, 2017, in Topeka, Kansas.
s/ Sam A. Crow
SAM A. CROW
U. S. Senior District Judge
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