Opinion
Civil Action 2:22-CV-00151
09-13-2022
ADAM LEAL GARCIA, Plaintiff, v. PATRICA LEAL GONZALEZ, et al., Defendants.
MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE
JASON B. LIBBY UNITED STATES MAGISTRATE JUDGE
Plaintiff filed this prisoner civil rights complaint pursuant to 42 U.S.C. § 1983 on July 8, 2022. (D.E. 1). The same day, the U.S. District Clerk notified Plaintiff his pleading was deficient for failing to pay the filing fee or requesting to proceed in forma pauperis. (D.E. 5). The notice instructed Plaintiff to either pay the filing fee or to file a certified copy of his inmate trust fund statement with an IFP application. Plaintiff was directed to comply by August 8, 2022, and was notified that failure to comply may result in his case being dismissed. Plaintiff did not file an IFP application or pay the filing fee.
On August 9, 2022, the Court entered a Notice of Deficiency and ordered Plaintiff to either pay the filing fee or submit an IFP application along with a copy of his trust fund statement by September 7, 2022. (D.E. 6). Plaintiff was again notified that failure to comply may result in dismissal for want of prosecution. Fed.R.Civ.P. 41(b). Plaintiff has failed to comply with the Court's order.
Therefore, it is respectfully recommended that Plaintiff's case be DISMISSED pursuant to Fed.R.Civ.P. 41(b); see also Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (Holding district courts have the power to sua sponte dismiss a cause of action for failure to prosecute).
ORDERED
NOTICE TO PARTIES
The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to 28 U.S.C. § 636(b)(1)(c); Rule 72(b) of the Federal Rules of Civil Procedure; and Article IV, General Order No. 2002-13, United States District Court for the Southern District of Texas.
A party's failure to file written objections to the proposed findings, conclusions, and recommendations in a Magistrate Judge's report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. Douglass v. United Servs. Auto Ass 'n, 79 F.3d 1415 (5th Cir. 1996) (en banc).