Opinion
CIVIL ACTION NO. 08-0103.
August 22, 2008
REPORT AND RECOMMENDATION
Pursuant to the April 10, 2008, Scheduling Order in this matter, plaintiff was required to file a memorandum within 60 days after service of the administrative transcript. ( See, April 10, 2008, Scheduling Order). Plaintiff failed to so comply; thus on July 16, 2008, the undersigned notified plaintiff that the court would dismiss this matter with prejudice under Rule 41(b) unless within the next fifteen days plaintiff filed his brief, or evidence of good cause for his failure to comply with the court order. ( See, July 16, 2008, Notice of Intent to Dismiss). To date, plaintiff has neither filed his memorandum nor otherwise responded to the court's notice.
The Commissioner filed the administrative transcript in the court record on April 7, 2008.
LAW AND ANALYSIS
Federal Rules of Civil Procedure Rule 41(b) permits dismissal of claims "[f]or failure of the plaintiff to prosecute or to comply with . . . any order of court . . ." The district court also has the inherent authority to dismiss an action sua sponte, without motion by a defendant. Link v. Wabash R.R.Co., 370 U.S. 626, 630-31, 82 S.Ct. 1386, 1388-89 (1962). "The power to invoke this sanction is necessary in order to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars of the [d]istrict [c]ourts." McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988).
In light of plaintiff's repeated failure to comply with, or respond to court orders,
IT IS RECOMMENDED that plaintiff's complaint be DISMISSED WITH PREJUDICE in accordance with the provisions of FRCP Rule 41(b).
Under the provisions of 28 U.S.C. § 636(b)(1)(C) and FRCP Rule 72(b), the parties have ten (10) business days from service of this Report and Recommendation to file specific, written objections with the Clerk of Court. A party may respond to another party's objections within ten (10) business days after being served with a copy thereof. A courtesy copy of any objection or response or request for extension of time shall be furnished to the District Judge at the time of filing. Timely objections will be considered by the District Judge before he makes a final ruling.