Opinion
Civil 3:23-CV-429-O-BK
06-28-2023
Jason Wayne Childs, #39670-177, Plaintiff, v. United States of America, Defendant.
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
RENEE HARRIS TOLIVER, MAGISTRATE JUDGE.
Pursuant to 28 U.S.C. § 636(b) and Special Order 3, this pro se case was referred to the United States magistrate judge for case management, including the issuance of findings and a recommended disposition. As detailed here, this action should be DISMISSED WITHOUT PREJUDICE for failure to comply with a court order and for want of prosecution.
On March 1, 2023, the Court issued a deficiency order advising Plaintiff that, insofar as he sought to proceed with a civil action, his complaint must be filed on the court-approved complaint form and submitted with the $402.00 filing fee or a request to proceed in forma pauperis. Doc. 6. See also N.D. Tex. Misc. Ord. 14 (requiring inmates to file civil rights complaints and motions to proceed in forma pauperis on the court-approved forms). The deadline for Plaintiff's response was March 30, 2023. However, Plaintiff has neither responded to the Court's deficiency order nor sought an extension of time to do so.
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 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 been given ample opportunity to respond to the Court's order. He has impliedly refused or declined to do so. Therefore, this action should be DISMISSED WITHOUT PREJUDICE for failure to comply with a court order and for lack of prosecution. See FED. R. CIV. P. 41(b) (an involuntary dismissal “operates as an adjudication on the merits,” unless otherwise specified).