Findings, Conclusions and Recommendation

 of the United States Magistrate Judge Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

EDWARD EARL WINN, 05053574, )

Plaintiff, )

)

v. ) No. 3:05-CV-1576-K

)

BILL HILL and GRAND JURY FOREMAN, )

Defendants. )

FINDINGS, CONCLUSIONS AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE

This cause of action was referred to the United States Magistrate Judge pursuant to the

provisions of Title 28, United States Code, Section 636(b), as implemented by an order of the

United States District Court for the Northern District of Texas. The Findings, Conclusions and

Recommendation of the United States Magistrate Judge follow:

FINDINGS AND CONCLUSIONS

I. FACTUAL BACKGROUND

Plaintiff filed this complaint alleging that Defendants violated his civil rights. Plaintiff

filed a motion to proceed in forma pauperis, but he did not include a certified statement of the

balance in his prison trust account. On August 19, 2005, the Court sent Plaintiff a notice of

deficiency. The Court informed Plaintiff that failure to cure the deficiency within twenty days

could result in a recommendation that this complaint be dismissed. More than twenty days have

passed and Plaintiff has failed to comply with the Court’s order.

II. DISCUSSION

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. 

 

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Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). “This authority [under Rule 41(b)] flows

from the court’s inherent power to control its docket and prevent undue delays in the disposition

of pending 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 failed to comply with the Court’s

Order. Accordingly, his complaint should be dismissed for want of prosecution. 

RECOMMENDATION

For the foregoing reasons, the Court recommends that the District Court dismiss

Plaintiff’s complaint without prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b). 

Signed this 19th day of October, 2005.

_____________________________________

PAUL D. STICKNEY

UNITED STATES MAGISTRATE JUDGE

 

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INSTRUCTIONS FOR SERVICE AND

NOTICE OF RIGHT TO APPEAL/OBJECT

The United States District Clerk shall serve a true copy of these findings, conclusions and

recommendation on Plaintiff. Pursuant to Title 28, United States Code, Section 636(b)(1), any

party who desires to object to these findings, conclusions and recommendation must serve and

file written objections within ten days after being served with a copy. A party filing objections

must specifically identify those findings, conclusions or recommendation to which objections are

being made. The District Court need not consider frivolous, conclusory or general objections. A

party's failure to file such written objections to these proposed findings, conclusions and

recommendation shall bar that party from a de novo determination by the District Court. See

Thomas v. Arn, 474 U.S. 140, 150 (1985). Additionally, any failure to file written objections to

the proposed findings, conclusions and recommendation within ten days after being served with

a copy shall bar the aggrieved party from appealing the factual findings and legal conclusions of

the Magistrate Judge that are accepted by the District Court, except upon grounds of plain error. 

Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc).

 

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