Summary
The United States District Court for the District of Kansas orders pro se plaintiff Tscher Manck to show cause why the case should not be dismissed. The order states that Plaintiff failed to file a proper complaint, renew his in forma pauperis motion with a financial affidavit, or pay the filing fee. Plaintiff must respond or cure these deficiencies by March 2, 2026, or the case may be dismissed under Federal Rule of Civil Procedure 41(b).
Holdings
- A civil action cannot proceed when the plaintiff has not filed a complaint that complies with the Federal Rules of Civil Procedure; a freestanding motion and accompanying cover sheet do not commence the action.
- Plaintiff must, by the specified deadline, either file a compliant complaint and a renewed in forma pauperis motion with a completed financial affidavit, or pay the filing fee and explain why the case should not be dismissed for failure to prosecute and failure to comply with a court order.
Questions Presented
- Whether a civil action may proceed when the plaintiff has not filed a complaint satisfying the Federal Rules of Civil Procedure.
- Whether the plaintiff should be required to show cause why the action should not be dismissed for failure to prosecute and failure to comply with a court order.
- Whether the plaintiff must file a renewed in forma pauperis motion with a financial affidavit or pay the statutory filing fee.
Disposition
other
Cases Cited (3)
- Powell v. Rios, 241 F. App'x 500, 505 n.4 (10th Cir. 2007)(followed)
- United States v. Stacy, 156 F.4th 994, 1009 n.13 (10th Cir. 2025)(followed)
- Maldonado v. BOP Transp. Officers, No. CIV-25-0025-SLP, 2025 WL 1134458, at *1 (W.D. Okla. Apr. 16, 2025)(persuasive)
Cited In (0)
No citing cases on record yet.
Court Document
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