Hollingsworth v. Kansas, State of

Filing 3

MEMORANDUM AND ORDER ENTERED: This matter is dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to comply with a court order. Signed by District Judge John W. Lungstrum on 01/06/25. Mailed to pro se party Lucas Eugene Blaine Hollingsworth by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
LUCAS EUGENE BLAINE HOLLINGSWORTH,
Plaintiff,
v.

CASE NO. 24-3204-JWL

STATE OF KANSAS,
Defendant.
MEMORANDUM AND ORDER
Plaintiff Lucas Eugene Blaine Hollingsworth, who is currently incarcerated at the Crawford
County Jail in Girard, Kansas, began this pro se action under 42 U.S.C. § 1983 by filing a complaint
on November 15, 2024. (Doc. 1.) On November 18, 2024, the Court issued a notice of deficiency
(NOD) informing Plaintiff that he was required to resubmit his complaint upon the provided courtapproved forms and to either pay the statutorily required filing fee or submit a motion to proceed
without prepayment of fees. (Doc. 2.) The NOD further advised Plaintiff that if he “fail[ed] to comply
within the prescribed time, . . . this action may be dismissed without further notice for failure to comply
with this court order.” Id. at 1-2. The deadline for compliance was December 18, 2024. Id. at 2.
The deadline has passed and Plaintiff has not complied with the NOD, nor has he filed anything
further in this matter. Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may
dismiss an action “if the plaintiff fails to prosecute or to comply with these rules or a court order.” Fed.
R. Civ. P. 41(b); See also Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003) (noting that Rule
41(b) “has long been interpreted to permit courts to dismiss actions sua sponte for a plaintiff’s failure
. . . to comply with the . . . court’s orders”). Because Plaintiff has failed to comply with the NOD and
has failed to file anything further in this matter, the Court concludes that this matter should be
dismissed without prejudice under Rule 41(b).

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IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice under
Fed. R. Civ. P. 41(b) for failure to comply with a court order.
IT IS SO ORDERED.
Dated on this 6th day of January, 2025, in Kansas City, Kansas.
s/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge

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