Opinion
2:01-CV-0381
April 5, 2002
MEMORANDUM OPINION AND ORDER OF DISMISSAL
The instant civil rights complaint was received by the Clerk on October 15, 2001, by transfer from the United States Court for the Southern District of Texas, Houston Division. Plaintiff JOHNNIE LEE RICHARDS, 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 defendant and asking to proceed in forma pauperis.
On January 23, 2002, the Court issued a Notice of Deficiency giving plaintiff thirty days in which to respond by providing, in relevant part, an I.F.P. Data Sheet and an amended complaint on the form promulgated by the Court. Plaintiff was instructed that a failure to timely comply with the 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 anyway respond to the Order. In fact, no pleading or correspondence has been received from plaintiff since he originally filed suit September 17, 2001.
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The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.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.