Marshall (ID 2000092873) v. Kansas Department of Corrections et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
LAWRENCE D. MARSHALL,
Plaintiff,
v. 	CASE NO. 26-3004-JWL
KANSAS DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
MEMORANDUM AND ORDER
Plaintiff and state prisoner Lawrence D. Marshall brought this pro se civil rights action
under 42 U.S.C. § 1983 in January 2026. (Doc. 1.) On April 7, 2026, the Court provisionally
granted him leave to proceed in forma pauperis, but ordered him to “submit either (1) the required
inmate account statement or (2) a status report on the availability of such a statement” on or before
July 7, 2026. (Doc. 10, p. 3.) In the interest of efficiency, the Court screened the complaint and, as
it now stands, Plaintiff has until and including August 11, 2026 to: (1) show cause why this case
should not be dismissed for failure to state a claim on which relief could be granted, (2) file an
amended complaint; or (3) notify the Court that he wishes to convert this case to a federal habeas
action. (Docs. 11 and 15.) The time for compliance with the April 7, 2026 memorandum and order,
however, has passed and the Court has received neither an account statement or a status report on
Plaintiff’s efforts to obtain one.
. Under Rule 41(b) of the Federal Rules of Civil Procedure, a district court may dismiss an
action “if the plaintiff fails to prosecute or to comply with these rules or a court order.” Fed. R.
Civ. P. 41(b); See also Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003) (noting that Rule
41(b) “has long been interpreted to permit courts to dismiss actions sua sponte for a plaintiff’s
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failure . . . to comply with the . . . court’s orders”). Rather than immediately impose such a harsh
consequence, the Court will extend the deadline for Plaintiff to comply with the April 7, 2026
memorandum and order. Plaintiff is cautioned that no further extensions of time will be granted.
If he does not file—on or before August 11, 2026—either the required inmate account statement
or a written status report showing his efforts to obtain and submit this statement, this case will be
dismissed under Rule 41(b) for failure to comply with a court order.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff is granted to and
including August 11, 2026, to comply with the memorandum and order issued April 7, 2026 (Doc.
10) and submit either (1) the required inmate account statement or (2) a status report on the
availability of such a statement. The clerk is directed to send Plaintiff a copy of Doc. 10.
IT IS SO ORDERED.
Dated July 17, 2026, in Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
UNITED STATES DISTRICT JUDGE
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