Smith v. Dodd et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
CHRISTOPHER C. SMITH,
Plaintiff,
VS.
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CIVIL ACTION NO. 6:26-CV-00016
T. DODD, et al.,
Defendants.
MEMORANDUM AND RECOMMENDATION
TO DISMISS CASE FOR FAILURE TO PROSECUTE
Plaintiff Christopher C. Smith, proceeding pro se, has filed this prisoner civil rights
action pursuant to 42 U.S.C. § 1983. (D.E. 1). Plaintiff’s allegations in his complaint arise
in connection with his confinement at the Victoria County Jail in Victoria, Texas. (D.E. 1).
Plaintiff did not include his prisoner trust fund statement with his Motion/Application to
Proceed In Forma Pauperis. (D.E. 2). On February 27, 2026, the Clerk of Court issued a
Notice of Deficient Pleading instructing the Plaintiff to pay the filing fee or provide his
prisoner trust fund account statement along with his motion to proceed in forma pauperis.
(D.E. 5).
On March 9, 2026 the Plaintiff filed a letter motion seeking an extension of time to
comply with the Clerk’s notice. (D.E. 6). The Court granted the motion on March 12,
2026 and extended Plaintiff’s time to comply with Notice of Deficient Pleading until April
13, 2026. (D.E. 8). Plaintiff was cautioned his case may be dismissed for want of
United States District Court
Southern District of Texas
ENTERED
May 13, 2026
Nathan Ochsner, Clerk
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prosecution or non-compliance if he failed to follow the orders of the Court. (D.E. 10 at 2).
The Notice of Deficient Pleading was mailed to Plaintiff’s address, and Plaintiff failed to
respond to it.
On April 16, 2026, the undersigned entered an Order directing Plaintiff to show
cause why this case should not be dismissed for want of prosecution. (D.E. 17). The April
16 Order instructed Plaintiff that he could comply with the Court’s order by either paying
the filing fee or filing his prisoner trust fund account statement and a change of address
notice on or before May 7, 2026. Plaintiff was warned that his failure to comply would
result in the undersigned recommending to the district court that Plaintiff’s case be
dismissed without prejudice for want of prosecution.
To date, Plaintiff has not responded to the Court’s March 12 Order (D.E. 10) or the
April 16 Show Cause Order (D.E. 17). A district court may dismiss a case for failure to
prosecute or comply with court orders. Fed. R. Civ. P. 41(b); see also Martinez v. Johnson,
104 F.3d 769, 772 (5th Cir. 1997) (“The district court also has the inherent authority to
dismiss an action sua sponte, without motion by a defendant.”). Plaintiff has failed to
satisfy the requirements to pursue this case and has not complied with the Court’s orders.
For these reasons, the undersigned recommend that Plaintiff’s case be DISMISSED
without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
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Respectfully submitted on May 13, 2026.
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Julie K. Hampton
United States Magistrate Judge
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).
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