Opinion
3:21-cv-00940-C (BT)
06-03-2021
ROY TRAYLOR, Plaintiff, v. TODD McGEHEE, et al., Defendants.
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
REBECCA RUTHERFORD, UNITED STA U ES MAGISTRATE JUDGE.
This is a pro se civil action brought by Plaintiff Roy Traylor. On April 28, 2021, the Court sent Traylor a Notice of Deficiency and Order (ECF No. 6), which ordered him to file a complaint in compliance with Federal Rule of Civil Procedure 8(a) and file his civil rights complaint on the appropriate form. The Order informed Traylor that failure to respond and cure the deficiencies by May 28, 2021 could result in a recommendation that his case be dismissed. Traylor failed to comply with the Court's Order. Therefore, this case should be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
Rule 41(b) 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. Griggs v. S.G.E. Mgmt., L.L.C., 905 F.3d 835, 844 (5th Cir. 2018) (citing McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (per curiam)); accord Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 440 (5th Cir. 2016) (failure to comply with a court order); Rosin v. Thaler, 450 Fed.Appx. 383, 383-84 (5th Cir. 2011) (per curiam) (failure to prosecute). “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. Gray stone Ins. Co., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626 (1962)).
Here, Traylor has failed to comply with the Court's order to file a complaint in compliance with Federal Rule of Civil Procedure 8(a) and file his civil rights pleadings on the appropriate form. The Court cannot screen his claims, and thus this litigation cannot proceed, until he cures these deficiencies. Traylor has failed to prosecute his lawsuit and also failed to obey a court order. Dismissal without prejudice is warranted under these circumstances.
The Court should dismiss Traylor's complaint without prejudice under Rule 41(b).
SO RECOMMENDED.