Opinion
Civil Action 2:21-CV-00227
11-29-2021
LORENZO MEJIA, JR, Plaintiff, v. 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 September 27, 2021. (D.E. 1). The U.S. District Clerk notified Plaintiff his pleading was deficient for failure to pay the filing fee or requesting to proceed in forma pauperis (“IFP”). (D.E. 4). 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 October 19, 2021, and notified that failure to comply may result in his case being dismissed. Plaintiff did not file an IFP application or pay the filing fee.
On October 21, 2021, 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 November 19, 2021. (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.
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 November 29, 2021.