Opinion
Case No. 4:05CV275-MMP/AK.
February 13, 2006
REPORT AND RECOMMENDATION
In an order dated August 9, 2005, Plaintiff was directed to file a complaint on the proper forms and a motion for leave to proceed in forma pauperis. (Doc. 3). The Court entered a show cause order when the forms were not returned and Plaintiff appealed this Order to the District Judge. (Doc. 6). This appeal was denied, and Plaintiff was ordered to comply with the Court's previous Order regarding filing an amended complaint on or before January 3, 2006. (Doc. 7). Plaintiff was again warned that his case would be dismissed if he failed to comply with the Court's orders. (Doc. 7). To date, Plaintiff has failed to comply with that order or otherwise communicate with the Court regarding his lawsuit.
A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash Railroad, 370 U.S. 626, 82 S. Ct. 1386, 8 L.Ed2d 734 (1962). Fed.R.Civ.P. 41(b) also authorizes a district court to dismiss an action for failure to obey a court order. Plaintiff has failed to comply with an order of this Court and has not filed a complaint on the proper forms nor has he filed a motion for leave to proceed without prepayment of court costs. Consequently, this case should be dismissed.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice.