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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TEXARKANA DIVISION

DEVONTA D. HENDERSON §

v. § Civil Action No. 5:24cv24-RWS-JBB

BOWIE COUNTY JAIL, ET AL. §

REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

The Plaintiff Davonta D. Henderson, an inmate of the Bowie County Jail proceeding pro se, 

filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged deprivations of his

constitutional rights. The lawsuit was referred to the undersigned United States Magistrate Judge 

pursuant to 28 U.S.C. 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for 

the Assignment of Duties to United States Magistrate Judges. 

On February 27, 2024, Plaintiff was ordered to pay, within thirty days, an initial partial filing 

fee of $30.00 or show good cause why he could not do so, in accordance with 28 U.S.C. §1915(b).1

Dkt. No. 4. Plaintiff acknowledged receipt of the order on February 29, 2024. Dkt. No. 6. To date,

Plaintiff has not complied with this order, nor has he responded in any way. 

A district court may dismiss an action for failure of a litigant to prosecute or to comply with any

order of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988); FED.R.CIV.P. 41(b). 

Such a dismissal may be done sua sponte and appellate review is confined to whether the district court 

abused its discretion in dismissing the action. Id. (citing Link v. Wabash Railroad Co., 370 U.S. 626, 

630-31 (1962)).

Plaintiff’s failure to pay the initial partial filing fee or show good cause for the failure to do so 

is not an action which threatens the judicial process, rendering dismissal with prejudice unwarranted. 

See McNeal v. Papasan, 842 F.2d 787, 790 (5th Cir. 1988). The imposition of fines and costsis not 

appropriate given the status and nature of this case. Plaintiff alleges false imprisonment, harassment, 

1 Plaintiff was also ordered to file, within thirty days, a short and plain statement setting forth Plaintiff's claims, on a 

standard §1983 lawsuit form. Dkt. No. 5. Plaintiff’s amended complaint was filed March 12, 2024. Dkt. No. 7.

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and unlawful arrest claims against the Bowie County Sheriff’s Office and Officer Aaron Lewis, 

stemming from his arrest on September 9, 2023, as well as claims of ineffective counsel against the 

Bowie County Public Defender’s Office. Dkt. No. 7 at 6-7. He also alleges a violation of the Eighth 

Amendment based on the alleged unsanitary conditions at the Bowie County Jail. Id. at 6. The

conditions complained of at the jail appear to be on-going, giving Plaintiff ample time in which to refile his lawsuit, should he choose to do so, within the two-year limitations period. Upon consideration

of all relevant factors, the Court has determined that the interests of justice are best served by a

dismissal of this lawsuit without prejudice. It is accordingly 

RECOMMENDED that the above-styled civil action be DISMISSED WITHOUT 

PREJUDICE for failure to prosecute or to obey an order of the Court.

A copy of these findings, conclusions and recommendationsshall be served on all partiesin the

manner provided by law.

Objections

Any party who objects to any part of these findings, conclusions, and recommendationsmust

file specificwritten objectionswithin 14days after being servedwith a copy. In order to be specific, an 

objection must identify the specific finding or recommendation to which objection is made,state the

basis for the objection, and specify the place in the Magistrate Judge’s proposed findings,

conclusions, and recommendation where the disputed determination is found. An objection which

merely incorporates by reference or refers to the briefing before the Magistrate Judge is not specific, 

and the district court need not consider frivolous, conclusive, or general objections. Battle v. United

States Parole Commission, 834 F.2d 419, 421 (5th Cir. 1987).

Failure to file specific written objections will bar the objecting party from appealing the 

factual findings and legal conclusions of the Magistrate Judge which are accepted and adopted by 

the district court except upon grounds of plain error. Duarte v. City of Lewisville, 858 F.3d 348, 352 

(5th Cir. 2017).

.

____________________________________

J. Boone Baxter

UNITED STATES MAGISTRATE JUDGE

SIGNED this the 22nd day of July, 2024.

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