Opinion
Misc. Action 6:21-MC-00005
04-18-2022
KATRINA CANNON and MELISSA CANNON, Plaintiffs, v. SHELLY MERRITT et al., Defendants.
ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Pending before the Court is the May 12, 2021 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Jason B. Libby. (Dkt. No. 4). In the M&R, Magistrate Judge Libby sua sponte recommends dismissal of pro se Plaintiffs Katrina Cannon and Melissa Cannon's case under Federal Rule of Civil Procedure 41(b).
Federal Rule of Civil Procedure 41(b) provides in relevant part: “If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” A district court may sua sponte dismiss a case under Rule 41(b). Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 440 (5th Cir. 2016).
The Plaintiffs filed their Complaint on March 31, 2021. (Dkt. No. 1). About a week later, the Deputy Clerk informed the Plaintiffs that they must pay the filing fee or apply to proceed in forma pauperis within twenty days. (Dkt. No. 2). The Plaintiffs did not. On April 29, 2021, Magistrate Judge Libby ordered the Plaintiffs to either pay the filing fee or apply to proceed in forma pauperis no later than May 10, 2021. (Dkt. No. 3). Magistrate Judge Libby warned that failure to comply may result in dismissal. (Id.). Again, the Plaintiffs did not comply. The M&R followed.
Plaintiffs Katrina Cannon and Melissa Cannon were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005).
No plain error appears. Accordingly, the Court ACCEPTS the M&R as the Court's Memorandum Opinion and Order. The Court DISMISSES WITHOUT PREJUDICE this case under Federal Rule of Civil Procedure 41(b).
It is SO ORDERED.