Price v. Harper et al

Filing 3

MEMORANDUM AND ORDER ENTERED: This action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b). Signed by District Judge John W. Lungstrum on 02/07/24. Mailed to pro se party John Timothy Price by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JOHN TIMOTHY PRICE,
Plaintiff,
v.

CASE NO. 24-3002-JWL

(FNU) HARPER, et al.,
Defendants.
MEMORANDUM AND ORDER
Plaintiff, John Timothy Price, who is currently detained at the Douglas County Jail in
Lawrence, Kansas (“DCJ”), brings this pro se civil rights case. The Court entered a Memorandum
and Order (Doc. 2) denying Plaintiff leave to proceed in forma pauperis, finding Plaintiff is subject
to the “three-strikes” provision under 28 U.S.C. § 1915(g). The Court examined the Complaint
and found no showing of imminent danger of serious physical injury. The Court also granted
Plaintiff until February 5, 2024, to submit the $405.00 filing fee. The Court’s order provided that
“[t]he failure to submit the fee by that date will result in the dismissal of this matter without
prejudice and without additional prior notice.” (Doc. 2, at 3.) Plaintiff has failed to pay the filing
fee by the deadline set forth in the order.
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
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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 pay the filing fee by the deadline set forth in the Court’s order. As a
consequence, the Court dismisses this action without prejudice pursuant to Rule 41(b) for failure
to comply with court orders.
IT IS THEREFORE ORDERED BY THE COURT that this action is dismissed
without prejudice pursuant to Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated February 7, 2024, in Kansas City, Kansas.

S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE

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