Williams v. Weiter et al

Filing 5

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 03/31/21. Mailed to pro se party Casey Lamont Williams, Jr. by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CASEY LAMONT WILLIAMS, JR.,
Plaintiff,
v.

CASE NO. 21-3077-SAC

DANIELLA WEITER, et al.,
Defendants.
ORDER
Plaintiff filed this pro se civil rights case under 42 U.S.C. § 1983. Plaintiff filed a motion
for leave to proceed in forma pauperis. (Doc. 2.) On March 15, 2021, the Court granted
Plaintiff’s motion for leave to proceed in forma pauperis and assessed an initial partial filing fee
in the amount of $18.50, calculated under 28 U.S.C. § 1915(b)(1). The order provides that the
failure to pay the initial partial filing fee or file an objection by March 29, 2021, “may result in
the dismissal of this matter without further notice.” The Court’s order was mailed to Plaintiff at
his current address of record and was returned as undeliverable. (Doc. 4.)
The Court’s Local Rules provide that “[e]ach attorney or pro se party must notify the
clerk in writing of any change of address or telephone number. Any notice mailed to the last
address of record of an attorney or pro se party is sufficient notice.” D. Kan. Rule 5.1(c)(3).
Plaintiff has failed to provide the Court with a Notice of Change of Address.
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
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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 provide the Court with a Notice of Change of Address and failed to
submit the initial partial filing fee by the Court’s deadline.
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice
under Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated March 31, 2021, in Topeka, Kansas.
s/ Sam A. Crow
SAM A. CROW
U. S. Senior District Judge

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