Godfrey (ID 115774) v. Norwood

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

TERRANCE D. GODFREY,

Plaintiff,

v. CASE NO. 19-3001-SAC

JOE NORWOOD, et al.,

Defendants. ORDER Plaintiff, Terrance D. Godfrey, brings this pro se civil rights case under 42 U.S.C. § 1983. Plaintiff is incarcerated at the Hutchinson Correctional Facility in Hutchinson, Kansas. On August 27, 2019, the Court entered a Memorandum and Order (Doc. 13) denying Plaintiff’s motions for leave to proceed in forma pauperis (Docs. 2, 7). The Memorandum and Order required Plaintiff, who is a three-strikes litigant, to submit the $400.00 filing fee by September 10, 2019, and notified him that his failure to pay the full filing fee within the allowed time will result in the dismissal of this action without prejudice. Plaintiff has failed to pay the filing fee by the Court’s deadline. Rule 41(b) of the Federal Rules of Civil Procedure “authorizes a district court, upon a defendant’s motion, to order the dismissal of an action for failure to prosecute or for failure to comply with the Federal Rules of Civil Procedure or ‘a court order.’” Young v. U.S., 316 F. App’x 764, 771 (10th Cir. 2009) (citing Fed. R. Civ. P. 41(b)). “This rule has been interpreted as permitting district courts to dismiss actions sua sponte when one of these conditions is met.” Id. (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962); Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)). “In addition, it is well established in this circuit that a district court is not obligated to follow any particular procedures when dismissing an action without prejudice under Rule 41(b).” Young, 316 F. App’x at 771–72 (citations omitted). Plaintiff has failed to submit the filing fee by the Court’s deadline. As a consequence, the Court dismisses this action without prejudice pursuant to Rule 41(b) for failure to comply with court orders.

IT IS THEREFORE BY THE COURT ORDERED that this action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b). IT IS SO ORDERED. Dated on this 11th day of September, 2019, in Topeka, Kansas. s/ Sam A. Crow SAM A. CROW Senior U. S. District Judge