Richards v. Lawson et al

Filing 5

VACATED PURSUANT TO ORDER #7 FILED 07/27/21 -- ORDER ENTERED: This matter is dismissed without prejudice. Signed by U.S. Senior District Judge Sam A. Crow on 07/15/21. Mailed to pro se party Clinton Richards by regular mail. (smnd) Modified text on 7/27/2021. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CLINTON RICHARDS,
Plaintiff,
v.

CASE NO. 21-3132-SAC

CODY LAWSON, et al.,
Defendants.

ORDER OF DISMISSAL
This matter is a civil rights action filed by a prisoner in
federal custody. On June 28, 2021, the court entered an order directing
plaintiff to submit an initial partial filing fee, calculated under
28 U.S.C. § 1915(b), to the clerk of the court on or before July 12,
2021. Plaintiff was advised that the failure to submit the fee as
directed might result in the dismissal of this matter.
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 not submitted the payment or otherwise responded
to the order of June 28, and the court concludes this matter may be
dismissed without prejudice.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
without prejudice.
IT IS SO ORDERED.
DATED:

This 15th day of July, 2021, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge