Rossmann v. Peele

Filing 9

ORDER: Having reviewed the file, record in this case, and Report, the court determines that the 8 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. The court sua sponte dismisses without prejudice Plaintiff's action for want of prosecution and failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Judge Sam A Lindsay on 2/25/2016) (bdb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BRUD ROSSMANN,
Plaintiff,
v.
RONALD H. PEELE, JR.,
Defendant.

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Civil Action No. 3:15-CV-3804-L

ORDER
This case was referred to Magistrate Judge Paul D. Stickney for pretrial management, and
he entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge
(“Report”) on January 19, 2016, recommending that the court dismiss without prejudice for failure
to prosecute or failure to comply a court order. No objections to the Report were filed.
Having reviewed the file, record in this case, and Report, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. On November 25, 2015, Plaintiff filed his motion to proceed in forma pauperis. On
December 1, 2015, Plaintiff was sent a financial affidavit seeking information regarding the
motion. The order stated that failure to return the affidavit within thirty days could result in a
recommendation that the case be dismissed. More that thirty days have passed, and Plaintiff has
not returned the affidavit. Accordingly, the court sua sponte dismisses without prejudice
Plaintiff’s action for want of prosecution and failure to comply with a court order pursuant to
Federal Rule of Civil Procedure 41(b).

Order – Page 1

It is so ordered this 25th day of February, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2