Marshall et al v. Burnley et al

Filing 104

MEMORANDUM AND ORDER regarding 95 Motion to Dismiss by Defendant Bob Adams. The court dismisses plaintiff's claims against Adams for lack of prosecution. Signed by District Judge J. Thomas Marten on 06/13/2018. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MILTON J. DAVISON,
Plaintiff,
v.

Case No. 17-1090-JTM-KGG

BOB ADAMS , et al.
Defendants.

MEMORANDUM AND ORDER

This matter is before the court on defendant Bob Adams’s motion to dismiss (Dkt. 95)
filed on March 7, 2018. On May 16, 2018, the court issued an order to show cause as to why
plaintiff’s claims against Adams should not be dismissed for lack of prosecution. (Dkt. 102).
The court ordered plaintiff to respond by June 1, 2018. Plaintiff received the show cause order
on May 18, 2018. (Dkt. 103).
To date, plaintiff has filed no response. The “court has inherent power, in the exercise of
sound discretion, to dismiss a cause for want of prosecution.” Stanley v. Cont’l Oil Co., 536
F.2d 914, 917 (10th Cir. 1976) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 629–30 (1962)).
Exercising its discretion, the court dismisses plaintiff’s claims against Adams for lack of
prosecution.
IT IS SO ORDERED this 13th day of June, 2018.
s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE