Opinion
2:23-CV-0012-Z-BR
02-24-2023
JOE WAYNE PRICE, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent.
FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS
Lee Ann Reno, Judge
On January 23, 2023, Petitioner Joe Wayne Price tendered to the Clerk a pleading attempting to assert a claim against the Director of the Texas Department of Criminal Justice, Correctional Institutions Division. (ECF 3). Because the specific type of claim he wished to initiate, as well as what relief he sought, was unclear, the undersigned issued an Order to Show Cause and clarify his cause of action. (ECF 4). Price was directed to respond within 21 days. (Id.).
As of this date, Plaintiff has not responded to the Order or attempted to communicate with the Court in any way. The Court has given Plaintiff ample opportunity to comply with its Order, yet Plaintiff has failed to follow the Court's direct orders. Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an action sua sponte for failure to prosecute or for failure to comply with the federal rules or any court order. Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1988); see Fed.R.Civ.P. 41. “This authority [under Rule 41(b)] flows from the court's inherent power to control its docket and prevent undue delays in the disposition of pending cases.” Boudwin v. Graystone Ins. Co., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 82 S.Ct. 1386 (1962)). The undersigned finds Plaintiff's failure to comply with this Court's January 24, 2023 Order warrants dismissal.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States
District Judge that the Petition for Writ of Habeas Corpus, (ECF 3), filed by Petitioner Joe Wayne Price be DISMISSED.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a copy of this Findings, Conclusions and Recommendation to each party by the most efficient means available.
IT IS SO RECOMMENDED.