Opinion
2:01-CV-0328
April 2, 2002
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff ANTHONY JAMES RICHARD, proceeding pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Institutional Division, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and asking to proceed in forma pauperis.
On February 8, 2002, the Court issued a Briefing Order Questionnaire giving plaintiff twenty days in which to respond by providing the facts elicited by the Questionnaire to enable the Court to conduct its statutorily-mandated duty of screening. Plaintiff was instructed that a failure to timely comply with the Briefing Order would be construed as a failure to prosecute and might result in a dismissal of the instant cause without further notice.
The response period has expired, and plaintiff has failed to comply with or in any way respond to the Briefing Order Questionnaire.
It is the conclusion of the United States District Judge that plaintiff has abandoned his cause and such cause should be dismissed for failure to prosecute. Link v. Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (court possesses inherent power to dismiss sua sponte for lack of prosecution).
IT IS THEREFORE ORDERED:
The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.
This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk will mail a copy of this Order to the plaintiff and to any attorney of record by first class mail.