Jason D. Gregory v. State of Kansas, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JASON D. GREGORY, Plaintiff, v. CASE NO. 26-3037-JWL STATE OF KANSAS, et al., Defendants.

MEMORANDUM AND ORDER This matter is a pro se civil rights action. Plaintiff is incarcerated at ASPC Eyeman in Florance, Arizona. Plaintiff indicates that he is bringing this action under 42 U.S.C. § 1983. (Doc. 1, at 1.) On February 25, 2026, the Court entered a Memorandum and Order (Doc. 5) (“M&O”) finding that Plaintiff is subject to the “three-strikes” provision under 28 U.S.C. § 1915(g), and denying Plaintiff leave to proceed in forma pauperis.

The Court granted Plaintiff until March 13, 2026, to submit the $405 filing fee. The M&O provides that “[t]he failure to submit the fee by that date will result in the dismissal of this matter without prejudice and without additional prior notice.” (Doc. 5, at 3.) Plaintiff has failed to respond or to pay the filing fee by the Court’s deadline.

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 court is not obligated to follow any particular procedures when dismissing an action without prejudice under Rule 41(b).” Young, 316 F. App’x at 771–72 (citations omitted).

Plaintiff has failed to pay the filing fee by the deadline set forth in the Court’s order. As a consequence, the Court dismisses this action without prejudice pursuant to Rule 41(b) for failure to comply with court orders.

IT IS THEREFORE ORDERED BY THE COURT that this action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b).

IT IS SO ORDERED.

Dated March 16, 2026, in Kansas City, Kansas.

S/ John W. Lungstrum JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE