Gregory v. Kansas, State of et al

1
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
Case 5:26-cv-03037-JWL Document 6 Filed 03/16/26 Page 1 of 2

2
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
Case 5:26-cv-03037-JWL Document 6 Filed 03/16/26 Page 2 of 2