Shock v. Dedeke et al
ORDER ENTERED: This matter is dismissed without prejudice under Fed. R. Civ. P. 41(b). Signed by Senior U.S. District Judge Sam A. Crow on 01/11/22. Mailed to pro se party Jeffery A. Schock by regular mail. (smnd)
Case 5:21-cv-03263-SAC Document 6 Filed 01/11/22 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JEFFERY A. SCHOCK,
CASE NO. 21-3263-SAC
ANDREW DEDEKE, et al.,
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 November 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 $20.00, 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 November 29, 2021, “may result
in the dismissal of this matter without further notice.” (Doc. 3.) In response to a request for an
extension filed by Plaintiff, the deadline was extended to December 29, 2021. (Doc. 5.) Plaintiff
has failed to submit the initial partial filing fee by the Court’s deadline.
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
Case 5:21-cv-03263-SAC Document 6 Filed 01/11/22 Page 2 of 2
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).
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice under
Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated January 11, 2022, in Topeka, Kansas.
s/_Sam A. Crow_____
SAM A. CROW
Senior U. S. District Judge
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