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