Dowden v. Kelly et al, No. 1:2014cv00469 - Document 22 (E.D. Tex. 2016)

Court Description: 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, )

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Dowden v. Kelly et al Doc. 22 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. to achieve the orderly and expeditious Anthony v. Marion County General Hospital, 1 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). Dockets.Justia.com 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

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