Newson v. Quintanar et al

Filing 24

ORDER ENTERED: This matter is dismissed without prejudice under Fed. R. Civ. P. 41(b). Signed by U.S. Senior District Judge Sam A. Crow on 10/09/18. Mailed to pro se party Devoris Antoine Newson by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DEVORIS ANTOINE NEWSON,
Plaintiff,
v.

CASE NO. 17-3210-SAC

DAVID QUINTANAR, et al.,
Defendants.
ORDER
Plaintiff brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. The Court
granted Plaintiff leave to proceed in forma pauperis. On August 14, 2018, the Court entered an
Order for the clerk of the court to issue waivers of service to the individual defendants named in
Plaintiff’s Complaint. (Doc. 14.) The Court’s Order was mailed to Plaintiff at his current
address of record and was returned as undeliverable, with a notation that Plaintiff was no longer
at the El Paso County Jail Annex. (Doc. 21.) On September 5, 2018, the Court entered an Order
directing Plaintiff to show cause by October 5, 2018, why this matter should not be dismissed
under Fed. R. Civ. P. 41(b) for failure to prosecute.

This Order was also returned as

undeliverable. (Doc. 23.)
The Court’s Local Rules provide that “[e]ach attorney or pro se party must notify the
clerk in writing of any change of address or telephone number. Any notice mailed to the last
address of record of an attorney or pro se party is sufficient notice.” D. Kan. Rule 5.1(c)(3).
Plaintiff has failed to provide the Court with a Notice of Change of Address.
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.
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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).
Plaintiff has failed to provide the Court with a Notice of Change of Address and failed to
file a response to the Court’s Order to show cause within the allowed time.
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice
under Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated on this 9th day of October, 2018, in Topeka, Kansas.
s/ Sam A. Crow
SAM A. CROW
U. S. Senior District Judge

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