Saunders v. Collier et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JEREMY SAUNDERS,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:24-CV-00250
BRYAN COLLIER, et al.,
Defendants.
MEMORANDUM AND RECOMMENDATION
Plaintiff Jeremy Saunders filed this prisoner civil rights action pursuant to 42 U.S.C.
§ 1983. However, Plaintiff has failed to pursue this action by not complying with Court
orders and by failing to update his current contact information. (D.E. 55). The undersigned
also entered an Order directing Plaintiff to file an updated mailing address, to submit a
filing identifying the John Doe Bus Driver along with a motion to substitute that person as
a correct defendant and order service on that defendant and to file a response to the pending
Motion to Dismiss on or before November 7, 2025. (D.E. 55). Plaintiff has failed to
comply.
Plaintiff has been admonished that it is his responsibility to keep the Court apprised
of his address and to file a notice of change of address and to comply with Court orders or
his case would be dismissed for want of prosecution. (D.E. 55). Therefore, it is
respectfully recommended that Plaintiff’s case be DISMISSED pursuant to Fed.R.Civ.P.
United States District Court
Southern District of Texas
ENTERED
November 13, 2025
Nathan Ochsner, Clerk
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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).
ORDERED on November 13, 2025.
_______________________________
Jason B. Libby
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 28 U.S.C. §
636(b)(1)(c); Rule 72(b) of the Federal Rules of Civil Procedure; and Article IV, 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
recommendations 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 2:24-cv-00250 Document 56 Filed on 11/13/25 in TXSD Page 3 of 3