IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

DEMETRIUS MCGEE, § 

§ 

§ 

§ 

Plaintiff, 

vs. § CIVIL ACTION No. 4:22-cv-0892-P-BP 

§ 

CITY OF FORT WORTH 

POLICE DEP'T, ET AL., 

§ 

§ 

§ 

Defendants. § 

FINDINGS, CONCLUSIONS AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE 

Plaintiff, Demetrius McGee, has filed a civil case. ECF No. I. Resolution of preliminary 

matters was referred to the United States Magistrate Judge pursuant to the provisions of28 U.S.C. 

§ 636(b) and Special Order No. 3. ECF No. 2. The findings, conclusions and recommendation of 

the United States Magistrate Judge are as follows: 

FINDINGS AND CONCLUSIONS: 

A. NATURE OF THE CASE 

This case is a new civil action. 

B. PARTIES 

Demetrius McGee is the Plaintiff and City ofFortWorth Police Depai1ment, Officer FNU 

Wisdom, Officer FNU Hanson, and Officer FNU Davis are named as Defendants. ECF No. I. 

C. LEGAL ANALYSIS 

Plaintiff failed to pay the applicable filing fee or to seek leave to proceed informa pauperis. 

By order signed October 6, 2022, the undersigned ordered that by October 24, 2022, Plaintiff either 

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pay the $402.00 filing and administrative fees or complete and file an application to proceed in 

Jonna pauperis. ECF No. 4. The order cautioned that "failure to submit the required payment 

or to file an application may result in the dismissal of this action for want of prosecution 

without further notice." Id. As of the date of this order, Plaintiff has not paid the filing fee or 

completed and filed the requisite form or otherwise filed any document responsive to the Court's 

order. 

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). 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). Because Plaintiff has failed to comply 

with this Court's Order and Notice of Deficiency, this case may be dismissed for failure to comply 

with a Court order and for lack of prosecution under Federal Rule of Civil Procedure 41(b). 

RECOMMENDATION 

It is therefore RECOMMENDED that that all of Plaintiffs claims be DISMISSED for 

lack of prosecution, without prejudice to being refiled. See Fed. R. Civ. P. 4l(b). 

NOTICE OF RIGHT TO OBJECT TO PROPOSED 

:FINDINGS, CONCLUSIONS AND RECOMMENDATION 

AND CONSEQUENCES OF FAILURE TO OBJECT 

A copy of this report and recommendation shall be served on all parties in the manner 

provided by law. Under 28 U.S.C. § 636(b)(l), each party to this action has the right to serve and 

file specific written objections in the United States District Court to the United States Magistrate 

Judge's proposed findings, conclusions, and recommendation within fourteen (14) days after the 

party has been served with a copy of this document. The United States District Judge need only 

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make a de nova determination of those portions of the United States Magistrate Judge's proposed 

findings, conclusions, and recommendation to which specific objection is timely made. See 28 

U.S.C. § 636(b)(l). Failure to file by the date stated above a specific written objection to a 

proposed factual finding or legal conclusion will bar a party, except upon grounds of plain error 

or manifest injustice, from attacking on appeal any such proposed factnal findings and legal 

conclusions accepted by the United States District Judge. See Douglass v. United Servs. Auto 

Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en bane), superseded by statute 28 U.S.C. § 

636(b)(l) (extending the deadline to file objections from ten to fonrteen days). 

ORDER 

Under 28 U.S.C. § 636, it is ORDERED that Plaintiff is granted until November 17, 2022 

to serve and file written objections to the United States Magistrate Judge's proposed findings, 

conclusions and recommendation. 

It is further ORDERED that the above-styled and numbered action, previonsly referred to 

the United States Magistrate Judge for findings, conclusions and recommendation, be and is 

hereby, RETURNED to the docket of the United States District Judge. 

SIGNED November 'Z.- , 2022. 

ON 

ES MAGISTRATE JUDGE 

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