Conejo v. Coleman Cable LLC

Filing 13

MEMORANDUM AND ORDER adopting 11 Report and Recommendations. Signed by District Judge J. Thomas Marten on 9/11/2017. The action is hereby DISMISSED WITHOUT PREJUDICE for plaintiff's failure to prosecute and failure to show cause why the action should not be dismissed. Mailed to pro se party Patricia Conejo by regular mail. (sz)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PATRICIA CONEJO,
Plaintiff,
v.

Case No. 6:17-cv-01022-JTM-GEB

COLEMAN CABLE, LLC,
Defendant.

MEMORANDUM AND ORDER
This matter is before the court on a Report and Recommendation (Dkt. 11) by
Magistrate Judge Gwynne E. Birzer recommending that the action be dismissed for lack
of prosecution under Fed. R. Civ. P. 41(b) and D. Kan. R. 41.1.
The record shows that plaintiff paid the filing fee and filed a pro se complaint on
January 1, 2017, but she failed to serve the complaint or summons upon the defendant.
On May 15, 2017, Judge Birzer ordered plaintiff to show cause why the action should
not be dismissed for lack of prosecution. Dkt. 4. Plaintiff responded that she mistakenly
believed the court would serve the defendant, and she sought and was granted
additional time, until June 26, 2017, to serve the defendant. Dkts. 6, 7, 8. After plaintiff
failed to accomplish service by that date, Judge Birzer again ordered her to show cause
why the action should not be dismissed. Plaintiff failed to respond to the second show
cause order. Judge Birzer then filed a Report recommending dismissal of the action. The
Report was sent by certified mail to the address provided by plaintiff but it was

returned unclaimed. Dkt. 12. Plaintiff has not responded or filed objections to the
Report and Recommendation.
The record shows plaintiff has failed to prosecute the action and has failed to
respond to the Magistrate’s orders. Under the circumstances, the court concludes the
action should be dismissed. See D. Kan. R. 41.1 (“If good cause is not shown within the
time prescribed by the show cause order, the court may enter an order of dismissal.”).
IT IS THEREFORE ORDERED this 11th day of September, 2017, that the Report
and Recommendation (Dkt. 11) of the Magistrate Judge is ADOPTED. The action is
hereby DISMISSED WITHOUT PREJUDICE for plaintiff’s failure to prosecute and
failure to show cause why the action should not be dismissed.

___s/ J. Thomas Marten_____
J. THOMAS MARTEN, JUDGE

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