IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

IRA JAMES BALDWIN §

VS. § CIVIL ACTION NO. 9:23-cv-140

DANIEL DICKERSON §

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Ira James Baldwin, an inmate formerly confined at the Polunsky Unit of the Texas

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

lawsuit pursuant to 42 U.S.C. § 1983. 

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

U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge

for findings of fact, conclusions of law, and recommendations for the disposition of the case.

Discussion

Plaintiff submitted an Application to Proceed In Forma Pauperis in this action. A review

of the Application revealed Plaintiff should pay an initial partial filing fee. Accordingly, on

September 26, 2023, Plaintiff was ordered to pay an initial partial filing fee of $13.00. Plaintiff’s

compliance was due on or before the expiration of thirty (30) days from the date of the order. 

Plaintiff failed to comply with the order of the court. Accordingly, on December 14, 2023,

the undersigned entered a Report recommending dismissal of the action without prejudice for want

of prosecution.

Plaintiff filed a response to the Report in which he asserted that he had recently had money

deposited into his prisoner account, and he requested additional time to obtain a withdrawal slip to

pay the initial partial filing fee as ordered. On December 8, 2023, the court granted Plaintiff’s

motion for an extension of time to submit the initial partial filing fee. Plaintiff’s compliance was

due on or before the expiration of thirty (30) days from the date of the order.

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On February 20, 2024, Plaintiff filed a second motion for extension of time to submit the

initial partial filing fee. The court granted Plaintiff’s motion on March 4, 2024 providing Plaintiff

an additional thirty days to pay the initial partial filing fee. 

Federal Rule of Civil Procedure 41(b) authorizes the 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)). 

As of this date, Plaintiff has failed to pay the initial partial filing fee as ordered. Accordingly,

Plaintiff has failed to diligently prosecute this case. Therefore, this action should be dismissed

without prejudice pursuant to FED. R. CIV. P. 41(b).

Recommendation

This action should be dismissed without prejudice pursuant to FED. R. CIV. P. 41(b).

Objections

Within fourteen days after being served with a copy 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 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. See Douglass v. United 

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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.

___________________________________

Christine L Stetson

UNITED STATES MAGISTRATE JUDGE SIGNED this the 24th day of June, 2024.

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