Opinion
Civil Action 2:22-CV-00034
04-06-2022
KEANTHONY MCGEE, Plaintiff, v. JERRY J. SANCHEZ, 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 February 17, 2022. (D.E. 1). The U.S. District Clerk notified Plaintiff his pleading was deficient for failing to pay the filing fee and/or failing to properly request to proceed in forma pauperis (“IFP”). (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 his application. Plaintiff was directed to comply by March 10, 2022, and was notified that failure to comply may result in his case being dismissed. Plaintiff did not comply.
On March 15, 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 March 31, 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 failed to comply with the Court's order and has filed nothing with the Court since his initial filing.
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 on April 6, 2022.