Opinion
Civil Action 2:21-CV-00184
11-16-2021
JESSE LEE RAMIREZ, Plaintiff, v. STATE OF TEXAS, et al., Defendants.
MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE
Julie K. Hampton United States Magistrate Judge
Plaintiff, Jesse Lee Ramirez, a Texas inmate confined at the Kleberg County Detention Facility in Kingsville, Texas, has filed this pro se civil rights complaint. In an Amended Notice of Deficient Pleading issued on September 22, 2021, Plaintiff was notified that he must do one of the following within twenty days: (1) pay the $402.00 filing fee for civil rights cases; or (2) submit a completed application to proceed in forma pauperis (IFP) along with a certified copy of his inmate trust fund account statement. (D.E. 6). Plaintiff was warned that failure to comply with the Notice of Deficient Pleading in a timely manner may result in his case being dismissed for want of prosecution. (D.E. 6).
Plaintiff failed to comply with the Notice of Deficient Pleading and submit the requested information. On October 19, 2021, the undersigned ordered Plaintiff to show cause within twenty days why his civil rights action should not be dismissed for want of prosecution. (D.E. 7). The undersigned instructed Plaintiff that he could successfully show cause “by paying the filing fee or filing an IFP application and a copy of his inmate trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of the complaint.” (D.E. 7, p. 2). Plaintiff was warned that his failure to comply with the October 19, 2021 Show Cause Order would result in a recommendation to the District Court that this action be dismissed. (D.E. 7, p. 2).
A district court has authority to dismiss a case for want of prosecution or for failure to comply with a court order. 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). To date, Plaintiff has not responded to the October 19, 2021 Show Cause Order. Plaintiff has repeatedly failed to follow court orders and submit the requested information. Dismissal is therefore warranted under these circumstances.
Accordingly, it is respectfully recommended that Plaintiff's case be DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b).