Easley v. Newton, Kansas, City of et al
ORDER TO SHOW CAUSE. Show Cause Response due by 12/18/2017. Signed by Magistrate Judge James P. O'Hara on 11/27/2017. Mailed to pro se party by certified mail. (amh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BRENT WILLIAM EASLEY,
SEDGWICK COUNTY BOARD OF
Case No. 16-1100-EFM
NOTICE AND ORDER TO SHOW CAUSE
TO THE PLAINTIFF, BRENT WILLIAM EASLEY:
Plaintiff is hereby directed to show cause in writing to the Honorable Eric F. Melgren,
United States District Judge, on or before December 18, 2017, why this action should not
be dismissed in its entirety with prejudice for lack of prosecution under Fed. R. Civ. P. 41(b).
Plaintiff’s former counsel was granted leave to withdraw from this case on November
8, 2016 (ECF No. 62). Since that time (more than one year ago), plaintiff has taken no action
in this case. Plaintiff did not respond to two previous orders to show cause (ECF Nos. 67 and
70), nor to a motion to dismiss filed by certain defendants (ECF No. 63). Moreover, as noted
by Judge Melgren in his order granting the motion to dismiss (ECF No. 72 at 5), the mailed
and certified mailed notices to plaintiff of recent court orders have been returned to the court
as undeliverable and unable to be forwarded (see ECF Nos. 68, 69, 71, and 73). D. Kan.
Rule 5.1(c)(3) requires a pro se party to “notify the clerk in writing of any change of address
or telephone number.” Here, plaintiff has failed to keep the court on notice of his current
IT IS THEREFORE ORDERED that plaintiff shall show cause by December 18,
2017, why this case should not be dismissed for lack of prosecution.
Although the court is doubtful that it will reach him, a copy of this order shall be
mailed by certified mail to plaintiff’s last address of record.1
IT IS SO ORDERED.
Dated November 27, 2017, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U. S. Magistrate Judge
Under D. Kan. Rule 5.1(c)(3), “[a]ny notice mailed to the last address of record of
an attorney or pro se party is sufficient notice.”
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