Jones v. Calhoun County Sheriff's Department et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
TODD CHRISTOPHER JONES,
Plaintiff,
VS.
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CIVIL ACTION NO. 6:25-CV-00010
CALHOUN COUNTY SHERIFF'S
DEPARTMENT, et al.,
Defendants.
MEMORANDUM AND RECOMMENDATION
TO DISMISS CASE FOR FAILURE TO PROSECUTE
On February 19, 2025, Plaintiff Todd Christopher Jones, proceeding pro se, filed a
civil rights complaint under 42 U.S.C. § 1983 against Defendants Calhoun County
Sheriff’s Department, Bobby Vickery, Johnny Krause, and Myles Thompson (collectively,
“Defendants”). (D.E. 1). Jones paid the filing fee on the same day. Over one year
since filing the complaint, Jones has not taken any other action in this case.
On February 12, 2026, the undersigned ordered Plaintiff to show cause on or before
March 5, 2026, why this action should not be dismissed for want of prosecution under
Federal Rule of Civil Procedure 41(b). (D.E. 5).
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 Show
United States District Court
Southern District of Texas
ENTERED
March 11, 2026
Nathan Ochsner, Clerk
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Cause Order (D.E. 5). Plaintiff has failed to follow court order requiring him to show cause
they this matter should not be dismissed for noncompliance with Federal Rule of Civil
Procedure 4(m). 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 March 10, 2026.
____________________________
Julie K. Hampton
United States Magistrate Judge
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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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