Clervrain v. Fox

Filing 5

ORDER DISMISSING CASE. Signed by Judge Susan P. Watters on 4/28/2021. Mailed to Clervrain (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

MANETIRONY CLERVRAIN,

Cause No. CV 20-189-BLG-SPW

Plaintiff/Petitioner,
ORDER

vs.

TIM FOX,

Defendant/Respondent.

On December 28, 2020, Plaintiff Clervrain moved to proceed in forma
pauperis with an action alleging he is being detained illegally and in unlawful

conditions. United States Magistrate Judge Timothy J. Cavan reserved ruling on
the motion to proceed in forma pauperis. He also required Clervrain, an
immigration detainee in Okmulgee, Oklahoma,to explain why he named Tim Fox

as a defendant or respondent and why he filed in the District of Montana. See
Order(Doc. 3). Clervrain did not respond to the Order.
Federal Rule of Civil Procedure 41(b) authorizes the Court to dismiss an

action "[i]f the plaintiff fails to prosecute" the action. The Court may dismiss a
case on its own motion without awaiting a defense motion. See, e.g., Link v.

Wabash R.R., 370 U.S. 626, 633(1962); Hells Canyon Preservation Council v.
United States Forest Serv., 403 F.3d 683,689(9th Cir. 2005).