United States District Court, D. Utah
MEMORANDUM DECISION & DISMISSAL ORDER
WADDOUPS, DISTRICT JUDGE.
November, 2016 Plaintiff incarcerated at Weber County Jail
(WCJ). (Doc. No. 25.)
January 20, 2017 Plaintiff files Complaint, alleging
inadequate medical treatment by WCJ defendants after November
2016. (Doc. No. 3.)
November 8, 2017 Plaintiff filed change of address. (Doc. No.
February 9, 2018 The Court ordered service of process on
Defendants. Defendants were ordered to file in sequence
answer, Martinez report, and dispositive motion.
(Doc. No. 12.) The Order further stated, “If served
with a Martinez report and a summary-judgment motion
or motion to dismiss, Plaintiff must file a response
within thirty days.” (Id. (emphasis added).)
March 7, 2018 Defendants filed answer. (Doc. No. 16.)
March 14, 2018 Defendant Woods filed motion to dismiss. (Doc.
June 19, 2018 Defendants filed Martinez report.
(Doc. No. 24.)
June 19, 2018 Defendants filed Motion for Summary Judgment.
(Doc. No. 25.)
January 3, 2019 Plaintiff ordered to within thirty days show
cause why this action should not be dismissed for failure to
prosecute and file responses. (Doc. No. 35.)
Court has not heard from Plaintiff since November 8, 2017
(fifteen months ago).
Rule of Civil Procedure 41(b) allows involuntary dismissal of
an action “[i]f the plaintiff fails to prosecute or to
comply with . . . a court order.” Fed.R.Civ.P. 41(b).
This Court may dismiss actions sua sponte for
failure to prosecute. Olsen v. Mapes, 333 F.3d 1199,
1204 n.3 (10th Cir. 2003) (“Although the language of
Rule 41(b) requires that the defendant file a motion to
dismiss, the Rule has long been interpreted to permit courts
to dismiss actions sua sponte for a plaintiff's
failure to prosecute or comply with . . . court
orders.”); see also Link v. Wabash R.R. Co.,
370 U.S. 626, 630 (stating court has inherent authority to
clear “calendar of cases that have remained dormant
because of the inaction or dilatoriness of the parties
seeking relief”); Bills v. United States, 857
F.2d 1404, 1405 ...