Ware v. Jones et al

Filing 40

MEMORANDUM OPINION and ORDER. Signed by District Judge Thad Heartfield on 3/1/2019. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ULYSSES T. WARE

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VS.

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KIM JONES, ET AL.

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CIVIL ACTION NO. 1:18cv144

MEMORANDUM OPINION AND ORDER
Plaintiff Ulysses T. Ware, an inmate formerly confined at the Federal Correctional Complex
in Beaumont, Texas, proceeding pro se, brought the above-styled lawsuit.
Discussion and Analysis
Along with his complaint, plaintiff submitted an application to proceed in forma pauperis.
A review of the application revealed it was not in proper form. Accordingly, on April 23, 2018,
plaintiff was ordered to submit a proper application to proceed in forma pauperis containing a
printout from an authorized prison official for the six month period immediately preceding the filing
of the complaint or pay the full filing fee of $400. The order provided twenty (20) days within which
to comply.
Fed. R. Civ. P. 41(b) authorizes the 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 Ins. Co., 756 F.2d
399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626, 629 (1962).
As of this date, plaintiff has not complied with the order of the court. Thus, plaintiff has
failed to diligently prosecute this case. Accordingly, this case should be dismissed for want of

prosecution pursuant to Fed. R. Civ. P. 41(b). Therefore, the above-styled action is dismissed
without prejudice. Plaintiff may, within sixty (60) days from the date of this order, seek
reinstatement of the case on the court’s active docket by filing a motion requesting reinstatement
along with a proper application to proceed in forma pauperis. A final judgment will be entered in
this case in accordance with this order.
SIGNED this the 1 day of March, 2019.

____________________________
Thad Heartfield
United States District Judge