Dowden v. Kelly et al

Filing 22

MEMORANDUM OPINION. Plaintiff has failed to diligently prosecute this case. This matter will be dismissed without prejudice for want of prosecution. Signed by Magistrate Judge Keith F. Giblin on 8/23/16. (mrp, )

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

§

VS.

§

LIEUTENANT KELLY

§

CIVIL ACTION NO. 1:14cv469

MEMORANDUM OPINION
Aaron Dowden, proceeding pro se, filed the above-styled civil
rights lawsuit.1
Discussion
The court previously entered an order directing plaintiff to
submit an application to proceed in forma pauperis.
given 20 days to comply with the order.
receipt of the order on July 28, 2016.

Plaintiff was

Plaintiff acknowledged

However, plaintiff has not

submitted an application to proceed in forma pauperis or otherwise
contacted the court.
Federal Rule of Civil Procedure 41(b) authorizes the district
court to dismiss an action for want of prosecution sua sponte
whenever

necessary

disposition of cases.

1

to

achieve

the

orderly

and

expeditious

Anthony v. Marion County General Hospital,

This case was directly assigned to the undersigned magistrate judge
pursuant to this district’s General Order 14-10. Plaintiff has provided
voluntary written consent to have the assigned magistrate judge conduct all
further proceedings in this case, including entry of final judgment, in
accordance with 28 U.S.C. § 636. The defendants in this action have not been
served with process and, as a result, have not appeared. As a result, the
defendants’ consent is not needed for the undersigned to make a final
determination in this matter. See Neals v. Norwood, 59 F.3d 530, 532 (5th
Cir. 1995).

617 F.2d 1164, 1167 (5th Cir. 1980). By failing to comply with the
order reference above, plaintiff has failed to diligently prosecute
this case.

This matter will therefore be dismissed.
Conclusion

For the reasons set forth above, this matter will be dismissed
without prejudice for want of prosecution.
be

entered

in

accordance

with

this

A final judgment shall

memorandum

opinion.

If

plaintiff wishes to have this case reinstated on the court's active
docket, he may do so by filing an application to proceed in forma
pauperis within 120 days of the date set forth below.

SIGNED this

23rd

day of

August

, 2016.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE