IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

HENRY REED IV, et al., )

Plaintiffs, )

vs. ) No. 3:06-CV-0079-B (BH)

) ECF

UNITED STATES POSTAL SERVICE, ) Referred to U.S. Magistrate Judge

Defendant. )

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

On January 12, 2006, plaintiffs filed this civil action against the United States Postal Service,

and the individual plaintiffs submitted a joint motion to proceed in forma pauperis. On February 7,

2006, the Court ordered plaintiffs to submit additional financial information within twenty days. It

warned them, furthermore, that “[f]ailure to file an adequate response to this Order within twenty

(20) days may result in the imposition of sanctions, including dismissal of the complaint for want of

prosecution or failure to comply with a court order.” To date, plaintiffs have filed nothing else in

this case subsequent to the Order for Additional Financial Information.

II. INVOLUNTARY DISMISSAL

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

 

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v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962). Plaintiffs have failed to comply with the order

that they provide additional financial information. Accordingly, the Court should dismiss this

action.

III. RECOMMENDATION

For the foregoing reasons, it is recommended that this action be DISMISSED WITHOUT

PREJUDICE pursuant to Fed. R. Civ. P. 41(b) for plaintiffs’ failure to comply with an order of the

Court. 

SIGNED this 22nd day of March, 2006.

 ___________________________________

 IRMA CARRILLO RAMIREZ

 UNITED STATES MAGISTRATE JUDGE

INSTRUCTIONS FOR SERVICE AND

NOTICE OF RIGHT TO APPEAL/OBJECT

The United States District Clerk shall serve a copy of these findings, conclusions, and recommendation on all parties by mailing a copy to each of them. Pursuant to 28 U.S.C. § 636(b)(1), any

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

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. 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, 1428-29 (5th Cir. 1996) (en banc).

 ___________________________________

 IRMA CARRILLO RAMIREZ

 UNITED STATES MAGISTRATE JUDGE

 

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