Opinion
No. 3:01-CV-2839-R.
April 30, 2002
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. NATURE OF THE CASE
Plaintiff brings this action pursuant to 42 U.S.C. § 1983 for violation of his civil rights.
II. FACTUAL BACKGROUND
On December 26, 2001, Plaintiff filed this complaint alleging various RICO violations against Defendant. Plaintiff did not pay the filing fee or submit an application to proceed in forma pauperis. On January 7, 2002, the Court sent Plaintiff a notice of deficiency and directed the Clerk of the Court to send Plaintiff a form application to proceed in forma pauperis. The notice of deficiency informed Plaintiff that failure to cure the deficiency within twenty (20) days could result in a recommendation that the complaint be dismissed. More than twenty (20) days have passed and Plaintiff has failed to respond.
III. 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 comply with the Court's Order. Accordingly, his complaint should be dismissed for want of prosecution.
RECOMMENDATION
For the foregoing reasons, the Court recommends that the District Court dismiss Plaintiffs complaint without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).