Opinion
CIVIL ACTION NO. 3:15-CV-13
11-28-2017
SCOTT HESS, Plaintiff, v. FONG, Defendant.
ORDER OF DISMISSAL
The plaintiff, Scott Hess, has filed a complaint under 42 U.S.C. § 1983 claiming that the defendant, Mr. Fong, a physician's assistant, provided him with Constitutionally deficient medical treatment (Dkt. 1). Hess has also provided a more definite statement of his claims (Dkt. 11). However, Hess has failed to state a cognizable claim. The Court issued a show cause order in which it ordered Hess to state his claims in more detail (Dkt. 19). Hess never responded and has not otherwise contacted the Court.
A court may dismiss an action sua sponte for failure to prosecute or for failure to comply with any court order. Larson v. Scott, 157 F.3d 1030, 1031-32 (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 Railroad Co., 370 U.S. 626 (1962)). Hess has not complied with the Court's show cause order, and he has not shown any desire to continue pursuing this case.
Based on the foregoing, the Court ORDERS as follows:
1. This case is DISMISSED WITHOUT PREJUDICE for failure to prosecute and for failure to comply with the Court's order to show cause.
2. Any pending motions are DENIED as moot.
This is a FINAL JUDGMENT.
The Clerk is directed to provide a copy of this order to the parties.
SIGNED at Galveston, Texas on November 28, 2017.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE