Davis v. Berg et al
ORDER TO SHOW CAUSE. On or before October 1, 2020, plaintiff to show cause in writing to the Honorable John W. Broomes, United States District Judge, why this case should not be dismissed, with prejudice, for lack of prosecution under Fed. R. Civ. P. 41(b). Signed by Magistrate Judge James P. O'Hara on 9/14/2020. Mailed to pro se party Darren Jarelle Davis at 4941 Agnes Kansas City, MO 64130 by regular and certified mail ; Certified Tracking Number: 70180680000181741639. (smc)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DARREN JARELLE DAVIS,
(FNU) BERG, et al.,
Case No. 20-3021-JWB
ORDER TO SHOW CAUSE
Plaintiff has been nonresponsive in this case for over six months. 1 On August 20,
2020, the undersigned U.S. Magistrate Judge, James P. O’Hara, issued an order discussing
plaintiff’s failure to participate in the planning and scheduling of this case, and ordering
plaintiff to confer with defense counsel on the contents of a joint planning meeting report
by September 4, 2020.2 The undersigned warned plaintiff “that should he fail to engage
with defense counsel in the planning and scheduling of this case, the court will enter an
order requiring him to show cause why this case should not be dismissed, with prejudice
to refiling, for lack of prosecution.”3 Plaintiff did not contact defense counsel as ordered.4
See ECF No. 9 (plaintiff’s last filing on March 9, 2020).
ECF No. 34.
Id. at 2. The undersigned noted plaintiff’s “pattern of not responding;” he did not
file a response to either a motion to dismiss or a motion to stay discovery. Id.
See ECF No. 35.
Therefore, the court orders plaintiff to show cause in writing to the Honorable John
W. Broomes, United States District Judge, on or before October 1, 2020, why this case
should not be dismissed, with prejudice, for lack of prosecution under Fed. R. Civ. P. 41(b).
The clerk of the court is directed to mail a copy of this order to the pro se plaintiff
via regular and certified mail.
IT IS SO ORDERED.
Dated September 14, 2020, at Kansas City, Kansas.
s/ James P. O=Hara
James P. O'Hara
U.S. Magistrate Judge
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