Nies v. Alford et al

Filing 6

MEMORANDUM AND OPINION regarding the dismissal of this case. If plaintiff wishes to have this case reinstated on the courts active docket, he may do so by submitting the required filing fee or a properly certified application to proceed in forma pauperis within 30 days of the date set forth below. Signed by Judge Thad Heartfield on 2/24/09. (pkb, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

JOHN D. NIES VS. WARDEN ALFORD

§ § § MEMORANDUM OPINION CIVIL ACTION NO. 1:08cv823

Plaintiff John D. Nies, proceeding pro se, filed this civil rights lawsuit pursuant to 42 U.S.C. § 1983. Procedural Background On January 7, 2009, the court entered an order directing plaintiff to either pay the filing fee or submit a properly certified application to proceed in forma pauperis. Plaintiff was given 20 days to comply with the court's order. Plaintiff

acknowledged receipt of the court's order on January 13, 2009. However, plaintiff has not paid the filing fee, submitted a properly certified application to proceed in forma pauperis or otherwise contacted the court. 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, 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 Insurance Co., Ltd., 756 F.2d 399,

401 (5th Cir. 1985). By failing to comply with the order described above, plaintiff has failed to diligently prosecute this case. As a

result, this case will be dismissed for want of prosecution. Conclusion For the reasons set forth above, this lawsuit will be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). If plaintiff wishes to have this case

reinstated on the court's active docket, he may do so by submitting the required filing fee or a properly certified application to proceed in forma pauperis within 30 days of the date set forth below.
SIGNED this the 24 day of February, 2009.

____________________________ Thad Heartfield United States District Judge

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