IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

CHANDLER KYLE VENTRESS §

VS. § CIVIL ACTION NO. 1:23-CV-170

SHERIFF, JEFFERSON COUNTY, et al., §

REPORT AND RECOMMENDATION 

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, Chandler Kyle Ventress, an inmate confined at the Connally Unit with the Texas

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

rights action pursuant to 42 U.S.C. § 1983 against Defendants Sheriff, Jefferson County and the

Jefferson County District Attorney. 

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

Plaintiff filed the above-referenced complaint on May 1, 2023 (doc. # 1). Plaintiff filed what

appeared to be a civil rights action against the defendants. For relief, however, Plaintiff requested

that his criminal conviction be dismissed and that he be released from custody. Plaintiff also failed

to pay the filing fee and/or submit an application to proceed in forma pauperis. As it appeared

Plaintiff is attempting to contest his conviction, the undersigned ordered the Clerk of Court to mail

Plaintiff a copy of the form petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and an

application to proceed in forma pauperis for prisoners on May 4, 2023 (doc. # 3). The order gave

Plaintiff 30 days from receipt to re-file the complaint as a habeas petition if it was Petitioner’s intent

to challenge his conviction. The order also gave Plaintiff 30 days to file an application to proceed 

in forma pauperis accompanied with a certified income trust statement for the preceding six month

period. Id. More than ample time has passed, yet the court has received no further communication

Case 1:23-cv-00170-MAC-CLS Document 4 Filed 08/01/23 Page 1 of 2 PageID #: 12
from Plaintiff. Plaintiff has failed to comply with this court’s 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

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

entered May 4, 2023 (doc. # 3). 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.

2

.

___________________________________

Christine L Stetson

UNITED STATES MAGISTRATE JUDGE SIGNED this the 1st day of August, 2023.

Case 1:23-cv-00170-MAC-CLS Document 4 Filed 08/01/23 Page 2 of 2 PageID #: 13