Opinion
7:02-CV-048-R
April 1, 2002
ORDER OF DISMISSAL
This is an action filed pursuant to 28 U.S.C. § 2254 by an inmate confined in the Allred Unit of the Texas Department of Criminal Justice in Iowa Park, Texas. He seeks to challenge the validity of disciplinary action taken against him while he was confined in the Wallace Unit in Colorado City, Texas.
On March 6, 2002, a Notice of Deficiency and Order was issued to Petitioner wherein he was directed to "submit a statement, certified by an authorized officer of the institution in which [he] is confined, showing his current inmate trust account balance." Flanagan was ordered to cure the deficiency within twenty days. A review of the Clerk's docket sheet reflects that he has failed to comply with the Court's order.
The Court hereby takes judicial notice that inmate trust account statements are readily available through the law library of the James V. Mired Unit. See Larson v. Scott, 157 F.3d 1030, 1032 (5th Cir. 1998) (affirming district court's dismissal for want of prosecution after inmate failed to comply with sua sponte order to provide financial information for assessment of PLRA filling fee); Morrow v. Collins, 111 F.3d 374 (5th Cir. 1997) (taking judicial notice that an inmate confined in a Texas state prison can get a statement of inmate trust account from the prison law library and dismissing the case for want of prosecution, even though the prisoner claimed that he could not get the statement due to hostility on the part of prison officials).
Rule 41(b), Federal Rules of Civil Procedure, allows the District Court to dismiss an action sua sponte for failure to prosecute or for failure to follow orders of the Court. This authority flows from the Court's power to manage its docket. McCullough v. Lynaugh, 835 F.3d 1126, 1127 (5th Cir. 1998); 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, 82 S.Ct. 1386 (1962)).
IT IS THEREFORE ORDERED that the petition is hereby dismissed for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED