UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

REGINALD EL, #163990,

Plaintiff,

 CASE NO. 15-10822

v. HONORABLE SEAN F. COX

 

CAYLON WILLIAMS, APC RUSHING,

JOHN and JANE DOE, et al.,

Defendants.

________________________________/

ORDER OF DISMISSAL

On February 25, 2015, plaintiff Reginald El filed a pro se civil complaint alleging

violations of his constitutional rights. Plaintiff is a state prisoner, and he did not prepay

the filing fee for his complaint. Nor did he apply for leave to proceed without

prepayment of fees and costs as set forth in 28 U.S.C. § 1915(a)(2). Accordingly, on

March 27, 2015, the magistrate judge ordered Plaintiff to prepay the filing fee or to apply

in the proper manner for leave to proceed without prepayment of fees and costs. The

magistrate judge warned Plaintiff that failure to comply with his order within thirty days

of the date of the order could result in a dismissal of the complaint for want of

prosecution. On April 27, 2015, Plaintiff notified the Court of a change of address, but,

to date, he has not prepaid the filing fee for this action, nor applied to proceed without

prepayment of fees and costs.

Under Federal Rule of Civil Procedure 41(b), a defendant may move to dismiss

an action if a plaintiff fails to prosecute an action or to comply with a court order. The

Supreme Court has interpreted this rule to permit federal courts to dismiss sua sponte

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an action for lack of prosecution. As explained in Link v. Wabash R. Co., 370 U.S. 626

(1962), “[n]either the permissive language of the Rule—which merely authorizes a

motion by the defendant—nor its policy requires us to conclude that it was the purpose

of the Rule to abrogate the power of courts, acting on their own initiative, to clear their

calendars of cases that have remained dormant because of the inaction or dilatoriness

of the parties seeking relief.” Id. at 630. The power to dismiss an action for lack of

prosecution is necessary “to prevent undue delays in the disposition of pending cases

and to avoid congestion in the calendars of the District Courts.” Id. at 629-30. 

This Court’s Local Rules also provide for sua sponte dismissal of a dormant

action. Under Rule 41.2, “the Court may, on its own motion after reasonable notice or

on application of a party, enter an order dismissing . . . the case” when a party has

“taken no action for a reasonable time.” LR 41.2 (E.D. Mich. Mar. 2, 1998). 

[I]t is axiomatic that the Court possesses inherent power to dismiss sua

sponte, without notice or hearing, “to achieve the orderly and expeditious

disposition of cases”. See Schwarzer, Tashima & Wagstaffe, Federal Civil

Procedure Before Trial, ch. 16, § 431. See also Link v. Wabash Railroad Co.,

370 U.S. 626, 630–632, 82 S.Ct. 1386, 1388–1389, 8 L.Ed.2d 734 (1962);

Sturgeon v. Airborne Freight Corp., 778 F.2d 1154, 1159 (5th Cir. 1985).

Branham v. Home Depot U.S.A., Inc., 225 F. Supp. 2d 762, 769 n. 4 (E.D. Mich. 2002).

Thus, under Local Rule 41.2 and Federal Rule of Civil Procedure 41(b), the Court may

dismiss complaints for failure to prosecute. Mulbah v. Detroit Bd. of Educ., 261 F.3d 586,

589 (6th Cir. 2001).

Plaintiff did not comply with the magistrate judge’s order to prepay the filing fee or

to submit a completed application to proceed without prepayment of fees and costs, and

more than thirty days have passed since the magistrate judge entered his order. 

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Accordingly, this action is dismissed without prejudice for want of prosecution and for failure

to comply with a court order. Link, 370 U.S. at 629-30; Fed. R. Civ. P. 41(b); E.D. Mich.

LR 41.2.

Dated: May 27, 2015 s/ Sean F. Cox 

Sean F. Cox

U. S. District Judge

I hereby certify that on May 27, 2015, the foregoing document was served on counsel of

record via electronic means and upon Reginal El via First Class mail at the address below:

REGINALD EL 163990 

ALGER MAXIMUM CORRECTIONAL FACILITY 

N6141 INDUSTRIAL PARK DRIVE 

MUNISING, MI 49862 

s/ J. McCoy 

Case Manager 

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