McFerrin v. Crone et al, No. 1:2017cv00196 - Document 15 (E.D. Tex. 2018)
Court Description: MEMORANDUM OPINION regarding dismissal of this case without prejudice for want of prosecution. If pltf wishes to have this case reinstated, he may do so by paying the initial partial filing fee within 30 days. Signed by District Judge Thad Heartfield on 7/23/18. (tkd, )
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McFerrin v. Crone et al Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ERVIN LEE MCFERRIN § VS. § MARCIA A. CRONE, ET AL. § CIVIL ACTION NO. 1:17cv196 MEMORANDUM OPINION Plaintiff Ervin Lee McFerrin, an inmate confined at the Eastham Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil rights lawsuit. Discussion On Mary 19, 2018, the court entered an order directing plaintiff to pay an initial partial filing fee. Plaintiff was given 30 days to comply with the court’s order. Plaintiff acknowledged receipt of the court’s order on March 23, 2018. However, plaintiff has not paid the initial partial filing fee, shown good cause for failing to do so or otherwise contacted the court. Federal Rule of Civil Procedure 41(b) authorizes a 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 Insurance Co., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626, 629 (1962)). By failing to comply with the order described above, plaintiff has failed to diligently prosecute this case. As a result, this case will dismissed for want of prosecution. Conclusion For the reasons set forth above, this case will be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). If plaintiff wishes to have this case reinstated on the court’s Dockets.Justia.com active docket, he may do so by paying the initial partial filing fee within 30 days of the date set forth below or showing good cause for failing to do so. SIGNED this the 23 day of July, 2018. ____________________________ Thad Heartfield United States District Judge 2
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