Hughes (ID 96576) v. Schnurr

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

CHARLEY JAMES HUGHES, JR.,

Plaintiff,

v. CASE NO. 21-3222-SAC

DAN SCHNURR, et al.,

Defendants. ORDER OF DISMISSAL This matter is a civil rights action filed under 42 U.S.C. § 1983. On September 22, 2021, the court directed plaintiff to submit the filing fee on or before October 22, 2021. There has been no response. 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). Because plaintiff has failed to submit the filing fee as IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed without prejudice. IT IS SO ORDERED. DATED: This 25th day of October, 2021, at Topeka, Kansas.

S/ Sam A. Crow SAM A. CROW U.S. Senior District Judge