3:25-cv-01984•Lopez v. Lopez et al
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RAUL EDDIE LOPEZ, § ID # 01145545, § Plaintiff, § § v. § No. 3:25-CV-1984-N-BW § ROSA LOPEZ, et al., § Defendants. § Referred to U.S. Magistrate Judge1 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Based on the relevant filings and applicable law, the Court should DISMISS this action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or follow orders of the Court. I. BACKGROUND On July 29, 2025, the Court received correspondence from Raul Eddie Lopez, a state prisoner, that was construed as a civil complaint. (See Dkt. No. 3.) On August 4, 2025, the Court entered a Notice of Deficiency and Order requiring Lopez to, within 30 days, complete and return a signed form civil complaint that complied with Federal Rule of Civil Procedure 8(a) and either pay the $405.00 filing fee or file an application to proceed in forma pauperis (“IFP”) with a completed and verified certificate of inmate trust account (“CTA”) or comparable form, such as a resident account summary. (See Dkt. No. 4.) With the order, the Court provided the 1 By Special Order No. 3-251, this pro se case has been automatically referred for full case management. Case 3:25-cv-01984-N-BW Document 7 Filed 12/23/25 Page 1 of 4 PageID <pageID>
2 appropriate forms for filing a pro se civil action and an IFP application with a CTA. (See Dkt. Nos. 4-1, 4-2.) The order also warned Lopez that failure to comply could result in the dismissal of his action under Federal Rule of Civil Procedure 41(b). (See Dkt. No. 4 at 2.) Following Lopez’s failure to timely complete and return the appropriate form for filing a pro se civil action and to either pay the filing fee or submit an IFP application by the Court’s deadline, the Court entered a Second Notice of Deficiency and Order on October 24, 2025. (See Dkt. No. 6.) In that order, the Court extended Lopez’s deadline to comply with the August 4 order to November 24, 2025, and provided Lopez copies of the August 4 order and the appropriate forms for him to complete. (See id.; Dkt. Nos. 6-1, 6-2.) The second order further warned Lopez that this case would be subject to dismissal under Rule 41(b) if he failed to fully comply. (Id.) Well over three months have passed since the Court’s original deadline expired, and over four weeks have now passed since the expiration of the Court’s extended deadline. Lopez still has not filed his complaint on an appropriate form, paid the filing fee or submitted an IFP application with CTA, or taken any action manifesting an intent to proceed in this case. II. INVOLUNTARY DISMISSAL Rule 41(b) of the Federal Rules of Civil Procedure “authorizes the district court to dismiss an action sua sponte for failure to prosecute or comply with [a Federal Rule of Civil Procedure or] a court order.” Griggs v. S.G.E. Mgmt., L.L.C., Case 3:25-cv-01984-N-BW Document 7 Filed 12/23/25 Page 2 of 4 PageID <pageID>
3 905 F.3d 835, 844 (5th Cir. 2018). This authority flows from a court’s inherent power to control its docket, prevent undue delays in the disposition of pending cases, and avoid congested court calendars. Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962). Further, a court’s authority under Rule 41(b) is not diluted merely because a party proceeds pro se, as “[t]he right of self-representation does not exempt a party from compliance with relevant rules of procedural and substantive law.” Wright v. LBA Hospitality, 754 F. App’x 298, 300 (5th Cir. 2019). Lopez has failed to comply with the Court’s August 4 and October 24 orders to file a complaint that complies with Rule 8(a) on the appropriate form and to either pay the filing fee or file an IFP application with CTA, despite warnings that failure to do so could result in dismissal of the case. Nor has he filed anything else in this case.2 By not complying with the Court’s August 4 and October 24 orders or otherwise showing he intends to proceed with this case, Lopez prevents this action from proceeding and has failed to prosecute his lawsuit. Accordingly, the Court should exercise its inherent power to prevent undue delays in the disposition of pending cases and dismiss this action without prejudice under Rule 41(b) for failure to prosecute and obey court orders. 2 The Court notes that the docket in this case indicates that Lopez’s address was updated based on a notice of such change that he filed on September 16, 2025 in a separate action pending in the Abilene Division of this District. See Lopez v. Saringer, No. 1:25-CV- 83-H, Dkt. No. 13 (N.D. Tex. Sept. 16, 2025). Lopez did not file a notice of change of address in this action. Case 3:25-cv-01984-N-BW Document 7 Filed 12/23/25 Page 3 of 4 PageID <pageID>
4 III. RECOMMENDATION The Court should DISMISS this action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or follow orders of the Court. SO RECOMMENDED on December 23, 2025. ____________________________________ BRIAN McKAY UNITED STATES MAGISTRATE JUDGE INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy of this report and recommendation will be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); F ED . R. C IV. P. 72(b). To be specific, an objection must identify the finding or recommendation to which objection is made, state the basis for the objection, and indicate the place in the magistrate judge’s report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Services Automobile Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996), modified by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections to 14 days). Case 3:25-cv-01984-N-BW Document 7 Filed 12/23/25 Page 4 of 4 PageID <pageID>
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