Opinion
2:22-CV-00042-Z-BR
02-27-2023
LOYDALE KIRVEN, Plaintiff, v. PARMER COUNTY DETENTION CENTER, et al., Defendants.
FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DISMISS § 1983 CLAIM
LEE ANN RENO, JUDGE
On February 28, 2022, Plaintiff Loydale Kirven initiated this action in the Western District of Texas. (ECF 1). Upon review, the matter was transferred to this Court on March 24, 2022. (ECF 4). Plaintiff was mailed a notice of the transfer on its entrance, but said notice was returned as undeliverable. The undersigned then issued an Order requiring Plaintiff to inform the Court of his intent to proceed with this action on or before February 24, 2023. (ECF 9).
As of this date, Plaintiff has not responded to the Order or attempted to communicate with the Court in any way. The Court has given Plaintiff ample opportunity to comply with its Order, yet Plaintiff has failed to follow the Court's direct orders. Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order. Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1988); see Fed.R.Civ.P. 41. “This authority [under Rule 41(b)] 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., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 82 S.Ct. 1386 (1962)). The undersigned finds Plaintiff's failure to comply with this Court's February 3, 2023 Order warrants dismissal.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States
District Judge that the Complaint, (ECF 1), filed by Plaintiff Loydale Kirven be DISMISSED.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a copy of this Findings, Conclusions and Recommendation to each party by the most efficient means available.
IT IS SO RECOMMENDED.