Askins v. Commander

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ZACKERY J. ASKINS,
Plaintiff,
v. CASE NO. 25-3275-JWL
COMMANDER,
Defendant.
MEMORANDUM AND ORDER
Plaintiff brings this pro se civil rights action under 42 U.S.C. § 1983. On January 8, 2025,
the Court granted Plaintiff’s motion for leave to proceed in forma pauperis and assessed an initial
partial filing fee in the amount of $219.00, calculated under 28 U.S.C. § 1915(b)(1). (Doc. 9.)
The order provides that the failure to pay the initial partial filing fee or file an objection by February
9, 2026, “may result in the dismissal of this matter without further notice.” Id. Plaintiff has failed
to pay the fee or file an objection 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).
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Plaintiff has failed to submit the initial partial filing fee or to file an objection by the Court’s
deadline.
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice
under Fed. R. Civ. P. 41(b).
IT IS FURTHER ORDERED that Plaintiff’s Motion for Preliminary Injunction and
Temporary Restraining Order (Doc. 2), Motion for Discovery (Doc. 4), and Motion to Appoint
Counsel (Doc. 5) are denied as moot.
IT IS SO ORDERED.
Dated February 19, 2026, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
Case 5:25-cv-03275-JWL Document 10 Filed 02/19/26 Page 2 of 2