Weiss v. Easter et al

Filing 19

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 03/13/19. Mailed to pro se party Chad Edward Weiss by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CHAD EDWARD WEISS,
Plaintiff,
v.

CASE NO. 18-3112-SAC

JEFF EASTER, et al.,
Defendants.

ORDER
Plaintiff brings this pro se civil rights action under 42 U.S.C. § 1983. The Court granted
Plaintiff’s motion to proceed in forma pauperis on June 18, 2018. (Doc. 6.) On July 3, 2018, the
Court entered a Memorandum Order and Order to Show Cause (Doc. 7) (“MOSC”), giving
Plaintiff until August 3, 2018, to either show cause why his Complaint should not be dismissed
or to file a proper amended complaint to cure the deficiencies set forth in the MOSC. The Court
granted Plaintiff an extension of time to October 3, 2018, to show cause and to file an amended
complaint. (Doc. 10.) The Court granted Plaintiff a second extension of time to December 3,
2018, to show cause and file an amended complaint. (Doc. 13.) On December 18, 2018, the
Court entered an Order to Show Cause (Doc. 14) granting Plaintiff until January 7, 2019, to
show cause why this action should not be dismissed for failure to prosecute. Plaintiff filed a
motion for extension of time (Doc. 15) and the Court granted Plaintiff an extension of time to
March 7, 2019, to show good cause why this action should not be dismissed for failure to
prosecute (Doc. 16). Plaintiff has failed to respond to the Order to Show Cause within the
allowed time.

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).
Plaintiff has 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 in Topeka, Kansas, on this 13th day of March, 2019.

s/ Sam A. Crow
Sam A. Crow
U.S. Senior District Judge