Summary
This Memorandum and Order from the United States District Court for the District of Kansas dismisses a pro se civil rights action brought under 42 U.S.C. § 1983 without prejudice. The court found that the plaintiff failed to correct deficiencies in his motion to proceed in forma pauperis within the prescribed 30-day period and did not respond after the notice of deficiency was returned as undeliverable. Relying on Federal Rule of Civil Procedure 41(b), the court dismissed the case sua sponte for failure to comply with a court order and prosecute the action. The plaintiff's pending motion for leave to proceed in forma pauperis was denied as moot.
Topics
Practice areas
Questions Presented
- Whether the district court may dismiss a pro se civil rights action sua sponte under Fed. R. Civ. P. 41(b) when the plaintiff fails to comply with a court order.
Holdings
- The court may dismiss the action without prejudice under Rule 41(b) when the plaintiff fails to comply with a court order.
Key quotations
“IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to comply with a court order.”
Factual background
Plaintiff Jared Allen Thurthur filed a pro se civil rights action and a motion to proceed without prepaying filing fees. The court required a certified copy of his inmate trust fund account and proper form; plaintiff failed to provide these, prompting a notice of deficiency. The notice was returned undelivered and plaintiff took no further action.
Procedural history
Plaintiff filed a pro se 42 U.S.C. §1983 action and a motion to proceed in forma pauperis. The court issued a notice of deficiency requiring correction of filing deficiencies. Plaintiff failed to comply and the court dismissed the case without prejudice under Rule 41(b).