IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

JOHN BOSWELL §

VS. § CIVIL ACTION NO. 9:24-CV-33

WAINWRIGHT UNIT, et al., § 

REPORT AND RECOMMENDATION 

OF UNITED STATES MAGISTRATE JUDGE

Plaintiff, John Boswell, an inmate currently confined at Wainwright Unit of 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 Defendants the Wainwright Unit Reclassification

Administration and Inmate Gregory Russell. 

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 this complaint on January 29, 2024 (doc. #1). Plaintiff moved for leave to

proceed in forma pauperis on the same day (doc. #4). Plaintiff, however, failed to include a certified

income trust statement for the preceding six month period. On February 8, 2024, the undersigned

ordered Plaintiff to provide a certified income trust statement for the preceding six month period

within thirty (30) days (doc. #7). Plaintiff received a copy of this order on February 23, 204 (doc.

#8). More than ample time has passed, yet Plaintiff has failed to comply and provide the court with

a certified income trust statement for the preceding six month period. Plaintiff has also failed to pay

the full filing fee of $405.00.

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,

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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)). Plaintiff has failed to pay the full filing fee or file a proper application to

proceed in forma pauperis. 

Recommendation

This civil action 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 6th day of May, 2024.

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