Summary
This Memorandum and Order from the United States District Court for the District of Kansas addresses a pro se civil rights complaint filed by an incarcerated plaintiff under 42 U.S.C. § 1983. The court previously issued a notice of deficiency requiring the plaintiff to submit a certified copy of his institutional trust fund account statement to proceed in forma pauperis. Because the plaintiff failed to comply with the court's deadline, the court denied his motion to proceed in forma pauperis and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b).
Topics
Practice areas
Questions Presented
- Whether a district court may dismiss a pro se §1983 action sua sponte for failure to comply with a court order under Fed. R. Civ. P. 41(b).
- Whether dismissal should be with prejudice or without prejudice.
Holdings
- The court may dismiss the action without prejudice under Rule 41(b) when the plaintiff fails to comply with a court order.
- Dismissal is ordered without prejudice.
Key quotations
“IT IS THEREFORE ORDERED THAT the motion to proceed in forma pauperis (Doc. 2) is denied and this matter is dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to comply with a court order.”
Factual background
Guillermo Vela, an inmate at Lansing Correctional Facility, filed a pro se §1983 action. The court ordered him to submit a certified six‑month account statement; he failed to do so despite being deemed indigent.
Procedural history
Plaintiff Guillermo Vela filed the complaint on November 14, 2024. The court issued a notice of deficiency requiring a certified inmate account statement by December 16, 2024. Plaintiff failed to comply, and the court dismissed the case under Rule 41(b).