Opinion
CIVIL ACTION NO. 03-1566, SECTION: "I" (3)
March 8, 2004
ORDER AND REASONS
Pursuant to this Court's February 9, 2004, minute entry, plaintiff, Patricia Evans, was ordered to appear on February 19, 2004, before the undersigned U.S. District Judge for a status conference scheduled in the above-captioned case. Plaintiff failed to appear, although she had been previously notified of the conference.
Rec. Doc. #15.
In a separate minute entry issued by this Court on February 19, 2004, plaintiff, Patricia Evans, was ordered to appear in the undersigned U.S. District Judge's chambers and show cause why the above-captioned case should not be dismissed as a result of her failure to prosecute. In defiance of this Court's order, plaintiff, Patricia Evans, failed to appear.
Rec. Doc. #16.
The authority of a federal trial court to dismiss a plaintiff's action because of failure to prosecute is clear. Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386 (1962). The Court's power to dismiss for want of prosecution should be used sparingly, although it. may be exercised sua sponte whenever necessary to achieve the orderly and expeditious disposition of cases. Ramsey v. Bailey, 531 F.2d 706 (5th Cir. 1976),cert. denied, 429 U.S. 1107, 97 S.Ct. 1139 (1997). Rule 41(b) of the Federal Rules of Civil Procedure specifically provides that a Court may, in its discretion, dismiss a plaintiff's claim for failure to prosecute or for failure to comply with the Federal Rules of Civil Procedure or any order of the Court and such a dismissal is considered to be an adjudication on the merits. See also Lopez. v. Aransas City Independent School District, 570 F.2d 541 (5th Cir. 1978).
Because plaintiff is proceeding pro se, the Court need only consider her conduct in determining whether dismissal of this action is proper under Rule 41(b). Accordingly, dismissal of plaintiff's action is proper. Therefore, IT IS ORDERED that plaintiffs' claims be DISMISSED WITHOUT PREJUDICE, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, for failure to prosecute.