Opinion
No. 3:04-CV-1579-N.
October 19, 2004
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of Title 28, United States Code, Section 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The Findings, Conclusions and Recommendation of the United States Magistrate Judge follow:
FINDINGS AND CONCLUSIONS I. FACTUAL BACKGROUND
On July 21, 2004, Plaintiff filed this complaint pursuant to 42 U.S.C. § 1983. Plaintiff did not pay the filing fee or file a motion to proceed in forma pauperis. On July 27, 2004, the Court sent Plaintiff a notice of deficiency. On August 2, 2004, the notice of deficiency was returned to the Court with the notation that Plaintiff is no longer at the address he provided. Plaintiff has failed to provide the Court with any alternative address.
II. 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 (1962)). Plaintiff has failed to provide the Court with a current address. The Court is therefore unable to contact Plaintiff. Accordingly, this complaint should be dismissed for want of prosecution.
RECOMMENDATION
For the foregoing reasons, the Court recommends that the District Court dismiss Plaintiff's complaint without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).