IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

SHANE YEAGIN § 

VS. § CIVIL ACTION NO. 9:23-cv-96

BRYON LYONS, ET AL. §

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Shane Yeagin, proceeding pro se, filed the above-styled civil rights lawsuit. This matter was

referred to the undersigned United States 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 recommendations for the disposition

of the case.

Discussion

Judicial notice is taken that in Yeagin v. Wallace, No. 9:23cv128 (E.D. Tex.), the court

entered a Preliminary Filing Fee Order (doc. #9). A copy of the Order was sent to Plaintiff at the

Polk County Jail, the address Plaintiff provided in that case as well as in the above-styled action. 

The copy of the Order sent to Plaintiff was returned to the court with a notation stating Plaintiff was

no longer at that facility (doc. #10). Plaintiff has not provided the court with a new address in

either civil action number 9:23cv128 or in this matter.

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

want of prosecution sua sponte whenever necessary to achieve the orderly and expeditious

disposition of cases. Anthony v. Marion Cnty. Gen. Hosp., 617 F.2d 1164, 1167 (5th Cir. 1980). 

See also McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). Eastern District of Texas

Local Rule CV-11(d) requires pro se litigants such as Plaintiff to provide the court with a physical

address and keep the clerk advised in writing of a current address.

By not providing the court with his current address, Plaintiff has prevented the court from

communicating with him and moving this case towards resolution. He has therefore failed to

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diligently prosecute this case. As a result, this case should be dismissed without prejudice for want

of prosecution.

Recommendation

This civil rights lawsuit should be dismissed without prejudice pursuant to Federal Rule of

Civil Procedure 41(b).

Objections

Within 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 14 days after service shall bar an aggrieved

party from 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 Serv. Auto. Ass’n, 79 F.3d

1415, 1429 (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 13th day of October, 2023.

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