Opinion
No. 3:04-CV-0916-D.
July 2, 2004
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court in implementation thereof, subject cause has preciously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:
I. BACKGROUND
In April 2004, plaintiff filed the instant civil action. On May 10, 2004, the Court mailed him an Additional Financial Questionairre (AFQ). On June 29, 2004, the AFQ was returned to the Court as undeliverable. Plaintiff has thus changed addresses without notifying the Court. Such action exhibits an inclination not to prosecute this action.
II. INVOLUNTARY DISMISSAL
Rule 41(b) of the Federal Rules of Civil Procedure permits a court to dismiss an action sua sponte for failure to prosecute or follow orders of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (§ 1983 prisoner action). This authority flows from a court's inherent power to control its docket, prevent undue delays in the disposition of pending cases, and avoid congested court calendars. Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962). Plaintiff has failed to notify the Court of his change of address, and thus, has failed to prosecute this action. Accordingly, the Court should dismiss his complaint.
III. RECOMMENDATION
For the foregoing reasons, it is recommended that plaintiff's complaint be dismissed without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).