Howard v. Farmers Insurance Company, Inc. et al

Filing 7

NOTICE AND ORDER TO SHOW CAUSE. Plaintiff Derrick Howard is ordered to show cause in writing to the undersigned, on or before June 25, 2018 why she should not recommend to the District Judge that his claims be dismissed under Fed. R. Civ. P. 41(b) f or his failure to pay the initial partial filing fee as previously ordered. Signed by Magistrate Judge Gwynne E. Birzer on 5/23/18. Mailed to pro se party Derrick Howard, 24997-044, COLEMAN II - USP, U.S. Penitentiary Inmate Mail/Parcels, PO Box 1034, Coleman, FL 33521 by certified mail; Certified Tracking Number: 7012 3050 0001 1190 3702. (adc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DERRICK HOWARD,
Plaintiff,
v.
FARMERS INSURANCE
COMPANY, INC., et al.,
Defendants.

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Case No. 18-4011-DDC-GEB

NOTICE AND ORDER TO SHOW CAUSE
Under Rule 41(b) of the Federal Rules of Civil Procedure, when a plaintiff “fails
to prosecute or to comply with these rules or a court order,” the Court may dismiss the
matter. See Fed. R. Civ. P. 41(b). The U.S. Court of Appeals for the Tenth Circuit has
“consistently interpreted Rule 41(b) to permit courts to dismiss actions sua sponte for a
plaintiff’s failure to prosecute.”1 Where a matter is dismissed without prejudice, no
“particular procedure[]” is required.2
In this matter, plaintiff Derrick Howard failed to respond to the April 13, 2018
Order (ECF No. 6) directing him to submit a partial filing fee of $2.50, or file any
objection to the partial fee, no later than May 18, 2018. Because Plaintiff has failed to
respond to the order of the Court, the undersigned United States Magistrate Judge is

1

Huggins v. Supreme Court of the U.S., 480 Fed. Appx. 915, 916-17 (10th Cir. 2012) (internal
quotation marks omitted).
2
AdvantEdge Bus. Grp. v. Thomas E. Mestmaker & Assocs., Inc., 552 F.3d 1233, 1236 (10th Cir.
2009) (internal quotation marks omitted).

considering a recommendation to the District Judge of dismissal of this matter for lack of
prosecution.
Therefore, the Court ORDERS Plaintiff Derrick Howard to show cause in writing
to the undersigned, on or before June 25, 2018 why she should not recommend to the
District Judge that his claims be dismissed under Fed. R. Civ. P. 41(b) for his failure to
pay the initial partial filing fee as ordered.
This Notice and Order to Show Cause shall be mailed to Plaintiff by certified mail,
return receipt delivery.

IT IS SO ORDERED.
Dated May 23, 2018, at Wichita, Kansas.

s/ Gwynne E. Birzer
GWYNNE E. BIRZER
U.S. Magistrate Judge

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