Opinion
NO. 3-02-CV-1970-M
November 1, 2002
FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Petitioner Juan Rodolfo Oriheula-Najera, appearing pro se, has filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons stated herein, the application should be dismissed without prejudice.
I.
On September 11, 2001, petitioner filed an application for writ of habeas corpus to compel his immediate removal to Mexico. However, he did not pay the required filing fee or seek leave to proceed informa pauperis. By order dated September 27, 2002, petitioner was directed to pay the filing fee or submit an informa pauperis application within 20 days. This order was sent to petitioner at the Denton County Jail, the address provided in his habeas petition. One month later, the unopened envelope was returned to the district clerk with the notation that petitioner was no longer in the Denton County Jail. No forwarding address has been provided by petitioner. The court now concludes that this case should be dismissed for want of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
II.
A district court has the inherent authority to dismiss a case for want of prosecution. 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).
Petitioner has failed to pay the statutory filing fee or submit an application for leave to proceed in forma pauperis. Nor has he notified the court of his current address. Without this information, the court is unable to communicate with petitioner. Dismissal is clearly warranted under these circumstances.
RECOMMENDATION
The application for writ of habeas corpus should be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.