IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

RICHARD BLANE SIMS §

VS. § CIVIL ACTION NO. 6:23cv299

LAW ENFORCEMENT OFFICERS §

IN MABANK TX

REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE

Plaintiff Richard Blane Sims, an inmate of the Henderson County Jail proceeding pro se, 

filed a civil rights complaint pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional 

rights. (Dkt. #1.) The case was referred to the undersigned for findings of fact, conclusions of law, 

and recommendations for the disposition of the case.

On June 21, 2023, the Court observed that Plaintiff had neither paid the required filing fee 

nor sought leave to proceed in forma pauperis (IFP). (Dkt. #2.) Accordingly, the Court gave him 

thirty days to satisfy the filing fee requirement to proceed with this case. (Id.) In the same Order, 

the Court observed deficiencies in Plaintiff’s complaint and ordered him to file an amended 

complaint within thirty days. (Id.) The order expressly cautioned that failure to comply could result 

in dismissal. (Id.)

Plaintiff did not comply with either aspect of that order. Thus, in addition to failing to 

comply with the Court’s orders, he has neither paid the filing fee for this case nor filed a properly 

supported IFP motion as required by the Prison Litigation Reform Act. See 28 U.S.C. § 1915(a)(2) 

(requiring prisoners seeking pauper status to support their applications with “a certified copy of 

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the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period 

immediately preceding the filing of the complaint”).

A district court may dismiss an action for the failure of a litigant to prosecute or to comply

with any order of the court. Fed. R. Civ. P. 41(b); see also McCullough v. Lynaugh, 835 F.2d 1126, 

1127 (5th Cir. 1988) (“The court possesses the inherent authority to dismiss the action sua sponte, 

without motion by a defendant.”). Dismissal with prejudice for failure to comply with a court order 

is an extreme sanction that should be employed only when “the plaintiff’s conduct has threatened 

the integrity of the judicial process [in a way that] leav[es] the Court no choice but to deny that 

plaintiff its benefit.” McNeal v. Papasan, 842 F.2d 787, 790 (5th Cir. 1988) (citing Rogers v. 

Kroger Co., 669 F.2d 317, 321 (5th Cir. 1982)). A court should consider lesser sanctions, such as 

fines, costs, damages, conditional dismissals, and dismissal without prejudice, among other lesser 

measures, prior to dismissing an action with prejudice. McNeal, 842 F.2d at 793.

Here, Plaintiff’s failure to comply with the Court’s orders is not an action that threatens the 

judicial process—thereby rendering a dismissal with prejudice unwarranted. Therefore, upon

consideration of all relevant factors, the Court has determined that the interests of justice are best

served by a dismissal of this case without prejudice.

RECOMMENDATION

Accordingly, the undersigned recommends that this action be dismissed without prejudice 

for Plaintiff’s failure to comply with an order of the Court and failure to take the steps necessary 

to prosecute this case.

Within fourteen (14) days after receipt of the Magistrate Judge’s Report, any party may 

serve and file written objections to the findings and recommendations contained in the Report.

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A party’s failure to file written objections to the findings, conclusions and 

recommendations contained in this Report within fourteen days after being served with a copy 

shall bar that party from de novo review by the district judge of those findings, conclusions and 

recommendations and, except on grounds of plain error, from appellate review of unobjected-to 

factual findings and legal conclusions accepted and adopted by the district court. Douglass v. 

United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

So ORDERED and SIGNED this 17th day of August, 2023.

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