Opinion
No. 3:04-CV-1634-M.
October 6, 2004
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 District Court, this case has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge follow:
Statement of Case:
Petitioner filed this suit pursuant to 28 U.S.C. § 2254. Petitioner also filed a motion to proceed in forma pauperis. On July 30, 2004, the Court ordered Petitioner to submit additional financial information regarding his motion to proceed in forma pauperis. The order informed Petitioner that failure to submit the financial information within twenty days could result in a recommendation that the petition be dismissed. More than twenty days have passed and Petitioner has failed to comply with the Court's order.
Discussion:
Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order. Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). "This authority [under Rule 41(b)] flows from the court's inherent power to control its docket and prevent undue delays in the disposition of pending cases." Boudwin v. Graystone Ins. Co., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626, 82 S.Ct. 1386 (1962)). Petitioner has failed to comply with the Court's order. Accordingly, his petition for writ of habeas corpus should be dismissed for want of prosecution.
RECOMMENDATION:
The Court recommends that the petition for writ of habeas corpus be dismissed without prejudice for want of prosecution, pursuant to Fed.R.Civ.P. 41(b).