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Witherspoon v. Wyandotte County

November 5, 2008

DARSHAWN WITHERSPOON, PLAINTIFF,
v.
WYANDOTTE COUNTY, KANSAS, DEFENDANT.



The opinion of the court was delivered by: Kathryn H. Vratil United States District Judge

ORDER

On March 6, 2008, plaintiff filed a civil complaint. On March 31 and September 2, 2008, the Court overruled plaintiff's motions to proceed in forma pauperis. See Order (Doc. #3) filed March 31, 2008; Order (Doc. #11) filed September 2, 2008. As of October 8, 2008, the files and records of the Court did not disclose that the filing fee had been paid or that service of the summons and complaint had been accomplished under Fed. R. Civ. P. 4(m).*fn1 The Court therefore ordered plaintiff to show good cause in writing on or before October 27, 2008, why the filing fee had not been paid and why service of the summons and complaint had not been made within 120 days from the filing of the complaint, and further show good cause in writing why this action should not be dismissed without prejudice. See Notice And Order To Show Cause (Doc. #13).

Plaintiff has not responded to the show cause order. The Court therefore finds that this action should be dismissed in its entirety without prejudice.

IT IS SO ORDERED.

Dated this 5th day of November, 2008 at Kansas ...


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