Opinion
No. 3:04-CV-1117-H.
July 2, 2004
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:
I. BACKGROUND
In May 2004, plaintiff filed a complaint on a standard form used in actions under 42 U.S.C. § 1983. That form informed plaintiff that it was his responsibility to notify the Court of any change of address. It also warned him that the failure to file such notice "may result in the dismissal of your complaint pursuant to Rule 41(b), Federal Rules of Civil Procedure." On June 2, 2004, the Court directed him to submit a certificate of inmate trust account to support his request to proceed in forma pauperis. On June 14, 2004, that notice of deficiency was returned to the Court because plaintiff was no longer in the Dallas County Jail. Plaintiff has thus changed addresses without notifying the Court. Such action exhibits an inclination not to prosecute this action.
II. INVOLUNTARY DISMISSAL
Rule 41(b) of the Federal Rules of Civil Procedure permits a court to dismiss an action sua sponte for failure to prosecute or follow orders of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (§ 1983 prisoner action). This authority flows from a court's inherent power to control its docket, prevent undue delays in the disposition of pending cases, and avoid congested court calendars. Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962). Plaintiff has failed to notify the Court of his change of address, and thus, has failed to prosecute this action. Accordingly, the Court should dismiss his complaint.
III. RECOMMENDATION
For the foregoing reasons, it is recommended that plaintiff's complaint be dismissed without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).