Opinion
No. 3:04-CV-2158-M.
November 19, 2004
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate Judge are as follows:
I. BACKGROUND
On October 5, 2004, the Court received a civil complaint from plaintiff in this action. On October 25, 2004, the Court issued a Notice of Deficiency and Order which directed plaintiff to file this action on this Court's standard form for actions under 42 U.S.C. § 1983. It further directed him to pay the filing fee in this action or submit a motion to proceed in forma pauperis. On November 16, 2004, that notice of deficiency was returned to the Court because plaintiff was no longer in the Dallas County Jail. Plaintiff has thus changed addresses without notifying the Court. Such action exhibits an inclination not to prosecute this action.
II. INVOLUNTARY DISMISSAL
Rule 41(b) of the Federal Rules of Civil Procedure permits a court to dismiss an action sua sponte for failure to prosecute or follow orders of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (§ 1983 prisoner action). This authority flows from a court's inherent power to control its docket, prevent undue delays in the disposition of pending cases, and avoid congested court calendars. Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962). Plaintiff has failed to notify the Court of his change of address, and thus, has failed to prosecute this action. Accordingly, the Court should dismiss his complaint.
III. RECOMMENDATION
For the foregoing reasons, it is recommended that plaintiff's complaint be dismissed without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).