Perry v. Richards

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

ANTHONY ALLEN PERRY,

Plaintiff,

v. CASE NO. 18-3269-SAC

JEFFREY O. RICHARDS, et al.,

Defendants.

MEMORANDUM AND ORDER This matter is a civil rights action filed under 42 U.S.C. § 1983. On September 29, 2019, the Court directed plaintiff to show cause why this matter should not be dismissed for failure to state a claim for relief. The copy of the order sent to plaintiff was returned as undeliverable. Plaintiff has not submitted a change of address to the clerk of the court, as required by the rules of the court. See D. Kan. R. 5.1(c)(3)(imposing a duty to provide updated address or telephone contact information in writing). 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 dismissing an action without prejudice under Rule 41(b).” Young, 316 F. App'x at 771–72 (citations omitted). Because plaintiff has not provided a current address and has not responded to the Court’s order to show cause, this matter is dismissed. IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed without prejudice. IT IS SO ORDERED. DATED: This 30th day of October, 2019, at Topeka, Kansas.

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