Waterman (ID 2100218264) v. Leiker et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BRIAN MICHAEL WATERMAN,
Plaintiff,
v. 	CASE NO. 26-3023-JWL
WENDY LEIKER, et al.,
Defendants.
MEMORANDUM AND ORDER
Plaintiff brings this pro se civil rights case under 42 U.S.C. § 1983. Plaintiff is incarcerated
at the Ellsworth Correctional Facility in Ellsworth, Kansas. 	On February 11, 2026, the Court
entered a Memorandum and Order (Doc. 2) (“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 11, 2026, to submit the $405 filing fee. The M&O
provides that “[t]he failure to respond by the deadline will result in the dismissal of this matter
without prejudice and without additional prior notice.” 	(Doc. 2, at 6.) 	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,
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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 13, 2026, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
Case 5:26-cv-03023-JWL Document 3 Filed 03/13/26 Page 2 of 2