Cheatham (ID 2000064842) v. Easley et al

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I N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RYAN CHRISTOPHER CHEATHAM,
Plaintiff,
v. 	CASE NO. 25-3218-JWL
TIM EASLEY, et al.,
Defendants.
MEMORANDUM AND ORDER
This is a pro se civil action brought by Plaintiff Ryan Christopher Cheatham, a state prisoner
incarcerated at El Dorado Correctional Facility (“EDCF”) in El Dorado, Kansas. It began on October
9, 2025, when the Court received from Plaintiff a complaint (Doc. 1), a motion for leave to proceed in
forma pauperis (Doc. 2), and a motion for an order directing EDCF to provide him with the account
statement required to support his motion for leave to proceed in forma pauperis (Doc. 3). 	The
following day, the Court issued a memorandum and order (“M&O”) denying the motion for an order
directing EDCF to provide Plaintiff with the account statement. (Doc. 4.) The M&O granted Plaintiff
to and including November 10, 2025 in which to either pay the full $405.00 filing fee or submit the
required account statement. Id. at 2-3. It also advised Plaintiff that if he “experiences difficulty
obtaining the account statement, he should so inform the Court, in writing and prior to the deadline for
compliance with this order.” Id. at 2. The M&O clearly cautioned Plaintiff: “The failure to comply
with this order will result in the dismissal of this matter without further prior notice to Plaintiff.” Id.
The deadline set in the M&O has now passed and Plaintiff has filed nothing further in this
matter. 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
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been interpreted to permit courts to dismiss actions sua sponte for a plaintiff’s failure . . . to comply
with the . . . court’s orders”). Because Plaintiff has failed to comply with the M&O and has failed to
file anything further in this matter, the Court concludes that this matter should be dismissed without
prejudice under Rule 41(b).
IT IS THEREFORE ORDERED THAT this matter is dismissed without prejudice under
Fed. R. Civ. P. 41(b) for failure to comply with a court order. The motion for leave to proceed in forma
pauperis (Doc. 2) is therefore denied as moot.
IT IS SO ORDERED.
Dated on this 13th day of November, 2025, in Kansas City, Kansas.
s/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
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