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)

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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

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