Flow v. Box et al
Filing
16
MEMORANDUM OPINION AND ORDER OF DISMISSAL re 1 Complaint filed by Jason U Flow. ORDERED that the complaint is DISMISSED without prejudice for want of prosecution and failure to obey an order. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern District of Texas. All motions not previously ruled on are DENIED. Signed by Judge Amos L. Mazzant, III on 5/7/2015. (kls, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JASON U. FLOW, #1971216
§
VS.
§
TERRY BOX, ET AL.
§
CIVIL ACTION NO. 4:14cv820
MEMORANDUM OPINION AND
ORDER OF DISMISSAL
Plaintiff Jason U. Flow, an inmate confined in the Texas prison system and previously confined
in the Collin County Detention Facility, proceeding pro se and in forma pauperis, filed the abovestyled and numbered civil lawsuit pursuant to 42 U.S.C. § 1983.
On March 17, 2015, the Court issued an Initial Partial Filing Fee Order permitting the Plaintiff
to proceed in this cause of action pursuant to 28 U.S.C. § 1915 and assessing an initial partial filing
fee of $3.33. He was warned that the failure to pay the initial partial filing fee within 30 days may
result in the dismissal of the lawsuit. The Court has received an acknowledgment from him indicating
that he received the order on March 26, 2015. To date, the Plaintiff has not paid the initial partial
filing fee nor provided any excuse for failing to pay the fee.
The Prison Litigation Reform Act of 1996 (PLRA) requires prisoners seeking to bring civil
actions to pay an initial partial filing fee and subsequently pay the remainder of the full filing fee.
Prisoners may proceed on claims without prepayment of the full filing fee, but they will be responsible
for paying it over time. The Plaintiff was ordered to pay an initial partial filing fee, but he has not paid
the requisite fee nor provided any excuse for such failure.
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A district court may dismiss an action for failure to prosecute or to comply with any order of
the court. McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988); Fed. R. Civ. P. 41(b). The
exercise of the power to dismiss a case for failure to prosecute or obey a court order is committed to
the sound discretion of the Court and appellate review is confined solely in whether the Court's
discretion was abused. Green v. Forney Engineering Co., 589 F.2d 243 (5th Cir. 1979); Lopez v.
Aransas County Independent School District, 570 F.2d 541 (5th Cir. 1978). Not only may a district
court dismiss for want of prosecution upon motion of a defendant, but it may also, sua sponte, dismiss
an action whenever necessary to achieve the orderly and expeditious disposition of cases. Anthony v.
Marion County General Hospital, 617 F.2d 1164 (5th Cir. 1980).
In the present case, the Plaintiff failed to pay the initial partial filing fee. He has not provided
.
any explanation for such failure; thus, the lawsuit should be dismissed. It is accordingly
ORDERED that the complaint is DISMISSED without prejudice for want of prosecution and
failure to obey an order. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern District of Texas.
All motions not previously ruled on are DENIED.
SIGNED this 7th day of May, 2015.
___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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