Opinion
No. 3-02-CV-0381-D
March 29, 2002
FINDINGS AND RECOMMENDATION OF TILE UNITED STATES MAGISTRATE JUDGE
This case has been referred to the United States magistrate judge pursuant to 28 U.S.C. § 636(b) and a standing order of reference from the district court. The findings and recommendation of the magistrate judge are as follow:
I.
This is a civil rights action brought under 42 U.S.C. § 1983. Plaintiff Festus M. Okwilagwe was formerly incarcerated in the Dallas County Jail. Defendant Penjoc Mihaela is a physician who works at the jail.
Plaintiff tendered an application for leave to proceed in forma pauperis and a standard complaint form used by prisoners in filing civil rights actions. The information provided by plaintiff in his pauper's affidavit indicates that he lacks the funds necessary to prosecute this case. The Court granted leave to proceed in forma pauperis and allowed the complaint to be filed. Written interrogatories also were sent to plaintiff in order to obtain additional information about the factual basis of this suit. Spears v. McCotter, 766 F.2d 179, 181 (5th Cir. 1985). The interrogatories were mailed to plaintiff at the address provided in his complaint on March 1, 2002. Two weeks later, the unopened envelope was returned to the clerk with the notation "Return to Sender — Not in Dallas County Jail." The Court now determines that this case should be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure.
II.
A district court has the inherent authority to dismiss a case for failure to comply with a court order. FED. R. CIV. P. 41(b); Link v. Wabash Railroad Co., 370 U.S. 626, 630-33, 82 S.Ct. 1386, 1389-90, 8 L.Ed.2d 734 (1962). This power may be exercised to effect the orderly and expeditious disposition of cases where less severe sanctions are unavailable. See Jones v. Caddo Parish School Board, 704 F.2d 206, 214 (5th Cir. 1983); Hejl v. State of Texas, 664 F.2d 1273, 1274-75 (5th Cir.), cert. denied, 102 S.Ct. 1987 (1982).
Plaintiff was fully aware of his responsibility to inform the Court of his current address. As part of his complaint, plaintiff acknowledged that "it is my responsibility to keep the Court informed of my current mailing address and failure to do so may result in the dismissal of this lawsuit." (Plf. Compl. at 5). Apparently, plaintiff is no longer interested in prosecuting this case. Dismissal is clearly warranted under these circumstances. See also Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988).
Plaintiff was held in the Dallas County Jail as an INS detainee pending his removal to Nigeria. By order dated March 1, 2002, this Court granted an application for writ of habeas corpus and directed the INS to release plaintiff on bond. Okwilagwe v. INS, 2002 WL 356758 (N.D. Tex. Mar. 1, 2002). Evidently, plaintiff has been released from custody but failed to notify the court of his current address.
RECOMMENDATION
Plaintiff's complaint should be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.