Opinion
No. 3:04-CV-1679-P.
October 1, 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
A. Nature of the Case : This is a petition for habeas corpus relief filed by a state inmate pursuant to 28 U.S.C. § 2254.
B. Parties : Petitioner is a state inmate incarcerated in the Dallas County Jail. He names the Dallas County Sheriff's Department as respondent.
C. Procedural History : On August 2, 2004, the Court received the instant petition. On August 13, 2004, the Court issued a Notice of Deficiency and Order (NOD) that directed petitioner to file a certificate of his inmate trust account. It granted him twenty days to cure the deficiency and warned him that the failure to do so would result in a recommendation that this action be dismissed for failure to prosecute. To date, plaintiff has filed nothing further in this case.
II. INVOLUNTARY DISMISSAL
Rule 41(b) of the Federal Rules of Civil Procedure permits a court to dismiss sua sponte an action for failure to prosecute or follow orders of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). 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 comply with the Order of August 13, 2004, that he submit the required certificate of inmate trust account within twenty days. Such failure indicates that he has no current intention to proceed with this case. Accordingly, the Court should dismiss his petition.III. RECOMMENDATION
For the foregoing reasons, it is recommended that this action be dismissed without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).