2:26-cv-00022•Poffenbarger v. PennyMac Loan Services, LLC
Gesamter Gesetzestext
1 / 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JEFFREY POFFENBARGER, Plaintiff, VS. § § § § § § § § § CIVIL ACTION NO. 2:26-CV-00022 PENNYMAC LOAN SERVICES, LLC, Defendant. MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE Plaintiff Jeffrey Poffenbarger, appearing pro se, has filed this federal question case against PennyMac Loan Services, LLC. (D.E. 1). In an Order Adopting Memorandum and Recommendation issued on April 2, 2026, Plaintiff was ordered by the Court to pay the $405.00 filing fee within twenty (20) days of the date of the Order or to voluntarily dismiss this case. (D.E. 18). Plaintiff was warned that failure to comply with the Court’s Order in a timely manner may result in his case being dismissed for want of prosecution. Id. Plaintiff did not timely pay the filing fee. On May 12, 2026, the Court issued to Plaintiff an Order to Show Cause within twenty (20) days as to why his lawsuit should not be dismissed for want of prosecution. (D.E. 22). Plaintiff has not responded to said Order. On May 14, 2026, Plaintiff failed to appear at an Initial Pretrial Conference in this matter. United States District Court Southern District of Texas ENTERED June 03, 2026 Nathan Ochsner, Clerk Case 2:26-cv-00022 Document 23 Filed 06/03/26 in TXSD Page 1 of 3
2 / 3 A district court has authority to dismiss a case for want of prosecution or for failure to comply with a court order. Fed. R. Civ. P. 41(b); see also Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997) (holding district courts have the power to sua sponte dismiss a cause of action for failure to prosecute). To date, Plaintiff has not responded to the April 2 Order (D.E. 18) or the May 12 Order (D.E. 22). Plaintiff has been previously advised that this action may be dismissed for want of prosecution if he fails to comply with the Court’s Order to pay the filing fee in a timely manner. Furthermore, Plaintiff’s failure to appear at the Initial Pretrial Conference Hearing indicates his abandonment of this lawsuit. Dismissal is therefore warranted under these circumstances. Accordingly, the undersigned respectfully recommends that Plaintiff’s action be DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b). Respectfully submitted on June 3, 2026. ____________________________ Julie K. Hampton United States Magistrate Judge Case 2:26-cv-00022 Document 23 Filed 06/03/26 in TXSD Page 2 of 3
3 / 3 NOTICE TO PARTIES The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District Court for the Southern District of Texas. A party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996)(en banc). Case 2:26-cv-00022 Document 23 Filed 06/03/26 in TXSD Page 3 of 3
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