Darshawn L. Witherspoon v. Wyandotte County, et al.

Summary

The United States District Court for the District of Kansas dismisses Darshawn L. Witherspoon’s pro se civil rights action without prejudice under Federal Rule of Civil Procedure 41(b). The dismissal is based on Plaintiff’s failure to pay the filing fee by the court-ordered deadline and failure to notify the court of his change of address.

Holdings

1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to comply with a court order requiring payment of the filing fee.
2. The court may dismiss an action sua sponte under Rule 41(b) for failure to comply with a court order and is not required to follow particular procedures when dismissing without prejudice.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because plaintiff failed to pay the filing fee required by the court's order.
2. Whether mailing the court's order to plaintiff's last known address constituted service despite the order being returned as undeliverable after plaintiff left the facility.
3. Whether plaintiff's failure to file a notice of change of address supported dismissal for noncompliance with court rules and the court's order.

Disposition

dismissed