IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

GARY GREEN, #1866626, §

PLAINTIFF, §

§

V. § CIVIL CASE NO. 3:22-CV-434-G-BK

§

LINDA CRUZ, ET AL., §

DEFENDANTS. §

FINDINGS, CONCLUSIONS AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b) and Special Order 3, this pro se case was referred to the 

United States magistrate judge for management, including the issuance of findings and a 

recommended disposition where appropriate. For the reasons that follow, this action should be 

DISMISSED WITHOUT PREJUDICE for failure to comply with a court order. 

On February 25, 2022, the Court issued a deficiency order, advising Plaintiff that, insofar 

as he sought to proceed with a civil action, he must file a complaint on the court-approved form, 

submitting also the filing and administrative fees of $402.00 or a request to proceed in forma 

pauperis. Doc. 4. See also N.D. TEX. MISC. ORD. 14 (requiring inmates to file civil rights 

complaints and motions to proceed in forma pauperis on the court-approved forms). The 

deadline for Plaintiff’s response was March 28, 2022. However, Plaintiff has neither responded 

to the Court’s deficiency order nor sought an extension of time to do so. 

Rule 41(b) of the Federal Rules of Civil Procedure 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. 

Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). “This authority flows from the court’s 

inherent power to control its docket and prevent undue delays in the disposition of pending 

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cases.” Boudwin v. Graystone Ins. Co., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. 

Wabash R.R. Co., 370 U.S. 626 (1962)). 

Plaintiff has been given ample opportunity to respond to the Court’s order. He has 

impliedly refused or declined to do so. Therefore, this action should be DISMISSED

WITHOUT PREJUDICE for failure to comply with a court order and for lack of prosecution. 

See FED. R. CIV. P. 41(b) (an involuntary dismissal “operates as an adjudication on the merits,” 

unless otherwise specified).

SO RECOMMENDED on May 6, 2022.

RENÉE HARRIS TOLIVER

United States Magistrate Judge

INSTRUCTIONS FOR SERVICE AND

NOTICE OF RIGHT TO APPEAL/OBJECT

A copy of this report and recommendation will be served on all parties in the manner provided by 

law. Any party who objects to any part of this report and recommendation must file specific 

written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED.

R. CIV. P. 72(b). An objection must identify the finding or recommendation to which objection is 

made, the basis for the objection, and where in the magistrate judge’s report and recommendation 

the disputed determination is found. An objection that merely incorporates by reference or refers 

to the briefing before the magistrate judge is not specific. Failure to file specific written objections 

will bar the aggrieved party from appealing the factual findings and legal conclusions of the 

magistrate judge that are accepted or adopted by the district court, except upon grounds of plain 

error. See Douglass v. United Services Automobile Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996), 

modified by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections to 14 days).

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