Opinion
Case No. 5:04CV427-MMP/AK.
September 29, 2005
REPORT AND RECOMMENDATION
By Order dated July 15, 2005, Plaintiff's motion for leave to proceed in forma pauperis was denied because he reported sufficient income to pay the full filing fee, which he was ordered to pay on or before July 29, 2005. (Doc. 5). The Court also noted serious deficiencies in the claims raised in the complaint. (Doc. 5). In an Order dated August 31, 2005, Plaintiff was ordered to show cause on or before September 16, 2005, why his case should not be dismissed for failure to submit the filing fee. (Doc. 6). Plaintiff was specifically warned that a recommendation would be made that this case be dismissed if there was a failure to comply with that order. (Doc. 6). As of this date there has been no response.
A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash Railroad, 370 U.S. 626, 82 S. Ct. 1386, 8 L.Ed2d 734 (1962). Fed.R.Civ.P. 41(b) also authorizes a district court to dismiss an action for failure to obey a court order. Plaintiff has failed to comply with two orders of this Court. Consequently, this case should be dismissed.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice.