Staples v. United States of America et al

Filing 6

ORDER OF DISMISSAL ENTERED: This matter is dismissed for failure to state a claim for relief. Signed by U.S. Senior District Judge Sam A. Crow on 01/22/20. Mailed to pro se party William Staples by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

WILLIAM STAPLES,
Plaintiff,
v.

CASE NO. 18-3094-SAC

UNITED STATES OF AMERICA, et al.,
Defendants.

ORDER OF DISMISSAL
This matter is a civil rights action filed by a prisoner in
federal custody. On December 20, 2019, the Court entered an Order to
Show Cause (OSC) granting plaintiff to and including January 21, 2020,
to show why this matter should not be dismissed for failure to state
a claim for relief. Plaintiff was advised that the failure to file
a timely response might result in the dismissal of this matter without
additional notice. Plaintiff has not responded.
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).
Because plaintiff has filed no response, the Court will dismiss
this matter.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
for failure to state a claim for relief.
IT IS SO ORDERED.
DATED:

This 22nd day of January, 2020, at Topeka, Kansas.

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