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Greer v. Texas Board of Pardon Paroles

United States District Court, N.D. Texas, Dallas Division
Jul 13, 2005
No. 3:04-CV-0908-D (N.D. Tex. Jul. 13, 2005)

Opinion

No. 3:04-CV-0908-D.

July 13, 2005


FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE


Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:

I. BACKGROUND

In April 2004, plaintiff filed this civil action under 42 U.S.C. § 1983. On May 11, 2004, the Court granted him leave to proceed in forma pauperis. On May 5, 2005, it sent him a Magistrate Judge's Questionnaire (MJQ). It therein directed plaintiff to answer the questions contained in that document and return the answers within thirty days. It warned plaintiff, furthermore, that "[f]ailure to file answers to the Questions may result in the dismissal of the action for failure to prosecute." To date, plaintiff has filed no response to the MJQ.

II. INVOLUNTARY DISMISSAL

Rule 41(b) of the Federal Rules of Civil Procedure permits a court to dismiss an action sua sponte for failure to prosecute or follow orders of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (§ 1983 prisoner action). This authority flows from a court's inherent power to control its docket, prevent undue delays in the disposition of pending cases, and avoid congested court calendars. Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962). Plaintiff has failed to comply with the order of the Court that he file his answers within thirty days of the Questionnaire dated May 5, 2005. Accordingly, the Court should dismiss his complaint.

III. RECOMMENDATION

For the foregoing reasons, it is recommended that plaintiff's complaint be dismissed without prejudice for failure to comply with an order of the Court pursuant to Fed.R.Civ.P. 41(b).


Summaries of

Greer v. Texas Board of Pardon Paroles

United States District Court, N.D. Texas, Dallas Division
Jul 13, 2005
No. 3:04-CV-0908-D (N.D. Tex. Jul. 13, 2005)
Case details for

Greer v. Texas Board of Pardon Paroles

Case Details

Full title:CLYDE GREER, Plaintiff, v. TEXAS BOARD OF PARDON AND PAROLES, Defendant

Court:United States District Court, N.D. Texas, Dallas Division

Date published: Jul 13, 2005

Citations

No. 3:04-CV-0908-D (N.D. Tex. Jul. 13, 2005)