Opinion
2:01-CV-0398
April 4, 2002
REPORT AND RECOMMENDATION
Plaintiff KENNETH LANE NEUMAN, acting pro se and while incarcerated as a prisoner in the Texas Department of Corrections, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-referenced defendants and requesting permission to proceed in forma pauperis.
On January 23, 2002, the Court reviewed plaintiffs submission and issued a Notice of Deficiency Order giving plaintiff thirty days in which to cure the noted deficiency by providing copies of the relevant Step 2 grievances as required by the complaint form he utilized. Plaintiff was instructed that a failure to timely comply would be construed as a failure to prosecute and might result in a dismissal of the instant cause without further notice.
The deadline for response has expired, and plaintiff has utterly failed to comply with the order to file amended complaint or submit further pleading explaining such failure. In fact, no pleading or correspondence has been received in this case since it was originally filed on October 26, 2001.
Thus, it appears plaintiff has abandoned his 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).
CONCLUSION
For the reasons set forth above, it is the RECOMMENDATION of the Magistrate Judge to the United States District Judge that the Civil Rights Complaint filed pursuant to Title 42, United States Code, Section 1983, by plaintiff KENNETH LANE NEUMAN be DISMISSED for failure to prosecute.