Opinion
2:01-CV-0234
April 24, 2002
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff EDWARD K. LaFONTALNE aka E. KENT KAUERSPERGER aka ROBERT HARRIS, acting pro se and while incarcerated in the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and requesting to proceed pursuant to Title 28, United States Code, section 1915(b). On March 13, 2002, the Court issued a Briefing Order rcquesting additional facts concerning plaintiffs claim(s) by way of a response to the attached Questionnaire. Plaintiff was given fourteen days in which to respond and was instructed that a failure to timely respond would be construed as a failure to prosecute which could lead to dismissal of the instant cause without further notice.
The response period has expired; and no further pleading or correspondence has been received from plaintiff. It appears he has abandoned his suit and his claims for relief.
It is the conclusion of the United States District Judge that plaintiff has abandoned this cause and such cause should be dismissed for failure to prosecute. Link v. Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (court possesses inherent power to dismiss sua sponte for lack of prosecution).
IT IS THEREFORE ORDERED:
The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.
This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk will mail a copy of this Order to the plaintiff and to any attorney of record by first class mail.
IT SO ORDERED.