IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

MARVIN EUGENE GATES, JR. §

VS. § CIVIL ACTION NO. 1:23-CV-130

CHRISTOPHER L. NORSWORTHY §

REPORT AND RECOMMENDATION 

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, Marvin Eugene Gates, an inmate formerlyconfined at the Stiles Unit with the Texas

Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil

rights action pursuant to 42 U.S.C. § 1983 against Defendant Christopher L. Norsworthy. 

The above-styled action was referred to the undersigned magistrate judge pursuant to 28

U.S.C. § 636 and the Amended Order for the Adoption of Local Rules for the Assignment of Duties

to the United States Magistrate Judge for findings of fact, conclusions of law, and recommendation

for the disposition of the case.

Background

On July 18, 2023, the undersigned ordered Plaintiff to replead his cause of action (doc. # 20). 

Plaintiff acknowledged receipt of the order on July 27, 2023 (doc. # 21). On August 30, 2023,

Plaintiff notified the court of a change of address (doc. # 22) and then filed a Notice of Filing

Affidavit on August 31, 2023 (doc. # 23). The latter informs the court of new allegations and does

not respond to the specific questions in the order to replead. Plaintiff has failed to comply with the

court’s July 18, 2023, order. 

Discussion

Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action for

failure to prosecute or for failure to comply with any court order. 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

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U.S. 626, 629 (1962)). In the present case, Plaintiff has failed to respond to this court’s order to

replead. Plaintiff has failed to diligently prosecute his case. 

Recommendation

This civil rights action filed pursuant to 42 U.S.C. § 1983 should be dismissed for want of

prosecution pursuant to Federal Rule of Civil Procedure 41(b). 

Objections

Within fourteen (14) days after receipt of the magistrate judge’s report, any party may serve

and file written objections to the findings of facts, conclusions of law and recommendations of the

magistrate judge. 28 U.S.C. § 636(b)(1)(c). 

Failure to file written objections to the proposed findings of facts, conclusions of law and

recommendations contained within this report within fourteen (14) days after service shall bar an

aggrieved party from the entitlement of de novo review by the district court of the proposed findings,

conclusions and recommendations and from appellate review of factual findings and legal

conclusions accepted by the district court except on grounds of plain error. Douglass v. United

Servs. Auto. Ass’n., 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C. § 636(b)(1); FED. R.

CIV. P. 72.

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_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 25th day of September, 2023.

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