Metzger v. Saline County Sheriff's Office et al

Filing 6

NOTICE AND ORDER TO SHOW CAUSE ENTERED: Plaintiff is granted twenty (20) days to show cause why this matter should not be dismissed without prejudice for lack of prosecution. The failure to file a timely response may result in the dismissal of this matter without prior notice to Plaintiff. Signed by U.S. Senior District Judge Sam A. Crow on 07/16/21. Mailed to pro se party Harold Metzger by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

HAROLD METZGER,
Plaintiff,
v.

CASE NO. 20-3316-SAC

SALINE COUNTY SHERIFF’S OFFICE, et al.,
Defendants.

NOTICE AND ORDER TO SHOW CAUSE
Plaintiff Harold Metzger filed this pro se § 1983 action against the Saline County Sheriff’s
Office, Corporal Benjamin Hill, Correctional Officer Yates, and Correctional Officer Tuttle,
alleging excessive force.
When Mr. Metzger filed his complaint on court-approved forms and his motion for leave
to proceed in forma pauperis on January 6, 2021, he indicated that his return address was the
Saline County Jail. (Doc. 3, p. 1.) The envelope containing the complaint had a return address of
the mailing address for the Saline County Jail. (Doc. 3-1.) Mr. Metzger has filed nothing further
in this case.
Mr. Metzger does not appear on the Saline County Jail’s current in-custody list, and he has
not provided the Court with his new address. Consequently, it appears Mr. Metzger has failed to
comply with rules of the Court which require every party, including a party proceeding pro se, to
notify the Court in writing of a change of address. D. Kan. R. 5.1(c).

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IT IS THEREFORE ORDERED that Plaintiff is granted twenty (20) days to show cause
why this matter should not be dismissed without prejudice for lack of prosecution. The failure to
file a timely response may result in the dismissal of this matter without prior notice to Plaintiff.

A copy of this Order shall be transmitted to Plaintiff at his last known address.

IT IS SO ORDERED.
Dated on this 16th day of July, 2021, in Topeka, Kansas.

s/_Sam A. Crow____
SAM A. CROW
U. S. Senior District Judge

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