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Raymo v. Jones

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
Oct 13, 2017
CIVIL ACTION NO. 3:17-CV-62 (S.D. Tex. Oct. 13, 2017)

Opinion

CIVIL ACTION NO. 3:17-CV-62

10-13-2017

ROBERT A. RAYMO, Plaintiff, v. MARK JONES, et al, Defendants.


ORDER OF DISMISSAL

The plaintiff, Robert Raymo, has filed a complaint under 42 U.S.C. § 1983 claiming that the defendants failed to protect him from an attack by another inmate (Dkt. 1). However, Raymo's live allegations fail to state a cognizable claim. The Court ordered Raymo to show cause why this case should not be dismissed for failure to state a claim (Dkt. 6); Raymo did not respond.

A court may dismiss an action sua sponte for failure to prosecute or for failure to comply with any court order. Larson v. Scott, 157 F.3d 1030, 1031-32 (5th Cir. 1998). "This authority 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 Railroad Co., 370 U.S. 626 (1962)). Raymo has not complied with the Court's order to show cause, and he has not shown any desire to continue pursuing this case.

Based on the foregoing, the Court ORDERS as follows:

1. This case is DISMISSED WITHOUT PREJUDICE for failure to prosecute and for failure to comply with the Court's order requiring the plaintiff to show cause why this case should not be dismissed for failure to state a claim.

2. Any pending motions are DENIED as moot.

The Clerk is directed to provide a copy of this order to the parties.

SIGNED at Galveston, Texas on October 13, 2017.

/s/_________

GEORGE C. HANKS, JR.

UNITED STATES DISTRICT JUDGE


Summaries of

Raymo v. Jones

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
Oct 13, 2017
CIVIL ACTION NO. 3:17-CV-62 (S.D. Tex. Oct. 13, 2017)
Case details for

Raymo v. Jones

Case Details

Full title:ROBERT A. RAYMO, Plaintiff, v. MARK JONES, et al, Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Oct 13, 2017

Citations

CIVIL ACTION NO. 3:17-CV-62 (S.D. Tex. Oct. 13, 2017)