IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

RONALD ANDERSON §

VS. § CIVIL ACTION NO. 1:23cv314

UNKNOWN HARRISH, ET AL. §

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff Ronald Anderson, an inmate confined at the Stiles Unit of the Texas Department

of Criminal Justice, Correctional Institutions Division, proceeding pro se, brought the above-styled

lawsuit.

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

On August 25, 2023, plaintiff was ordered to submit either the full filing fee, $402.00, or an

application to proceed in forma pauperis and a statement certified by an authorized prison official

showing the average balance in and deposits into plaintiff’s inmate trust account for the preceding

six months. Additionally, plaintiff was ordered to submit a completed and signed complaint form. 

Plaintiff’s compliance with both orders was due on or before the expiration of twenty (20) days from

the date of the orders. 

Fed. R. Civ. P. 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., 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 neither paid the filing fee nor submitted an application to proceed

in forma pauperis as ordered. Further, plaintiff has failed to submit a completed and signed

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complaint form as ordered. Accordingly, plaintiff has failed to diligently prosecute this action. 

Therefore, this case should be dismissed for want of prosecution pursuant to Fed. R. Civ. P. 41(b).

Recommendation

The above-styled action should be dismissed without prejudice.

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. Douglass v. United

Services Automobile Association, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc); 28 U.S.C.

§ 636(b)(1); FED. R. CIV. P. 72.

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 17th day of October, 2023.

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