Opinion
CIVIL ACTION NO. 3:16-CV-248
10-13-2017
RONI LEWIS MEDEARIS, TDCJ #01530043, Plaintiff, v. BARBARA BRADLEY, et al., Defendants.
ORDER OF DISMISSAL
The plaintiff, Roni Lewis Medearis (TDCJ #01530043), has filed a complaint under 42 U.S.C. § 1983 claiming a violation of his free-exercise rights under the First Amendment (Dkt. 1). Medearis requests leave to proceed in forma pauperis (Dkt. 4) and tries to incorporate by reference the financial information that he filed in a different case, Case Number 3:15-CV-345. The Court cannot use the information from the older case. The Court ordered Medearis to file a proper inmate trust fund account statement (Dkt. 7), but he never did so.
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)). Medearis has not complied with the Court's order requiring him to provide the financial information necessary to evaluate his application to proceed IFP, and he may not pursue this case without either paying the filing fee or establishing his entitlement to proceed IFP.
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 orders requiring the plaintiff to file a proper application to proceed IFP.
2. Any pending motions are DENIED as moot.
The Clerk is directed to provide a copy of this order to the parties.
SIGNED at Galveston, Texas on October 13, 2017.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE