Opinion
Civil Action 2:21-CV-00223
11-15-2021
LORENZO PEREZ, Petitioner, v. BOBBY LUMPKIN, Respondent.
MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE
JASON B. LIBBY, UNITED STATES MAGISTRATE JUDGE
Petitioner filed this prisoner habeas corpus petition pursuant to 28 U.S.C. § 2241 on September 1, 2021. The U.S. District Clerk notified Petitioner his pleading was deficient for failure to pay the filing fee or, alternatively, for failing to file an application to proceed in forma pauperis. (D.E. 7). Petitioner was directed to either pay the filing fee or to file a certified copy of his inmate trust fund statement with his application. Petitioner was directed to comply by October 13, 2021, and notified that failure to comply may result in his case being dismissed for want of prosecution. Fed.R.Civ.P. 41(b). Petitioner did not comply.
On October 15, 2021, this Court entered a Notice of Deficiency and ordered Petitioner to either pay the $5.00 filing fee or submit an IFP application along with a copy of his trust fund statement no later than November 5, 2021. (D.E. 8). Petitioner 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 Petitioner'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).