Parr v. Johnson et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
LABREE A PARR,
Plaintiff,
VS.
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CIVIL ACTION NO. 6:26-CV-00014
JOHNSON, et al.,
Defendants.
MEMORANDUM AND RECOMMENDATION TO DISMISS
CASE FOR FAILURE TO PROSECUTE
Plaintiff filed this prisoner Civil Rights complaint pursuant to 42 U.S.C. § 1983 on
February 17, 2026. (D.E. 1). Plaintiff also filed a Motion to Proceed In Forma Pauperis
but he did not submit a prisoner trust fund account statement. (D.E. 2). The U.S. District
Clerk notified Plaintiff his pleading was deficient for failure to pay the filing fee or,
alternatively, for failing to file an application for leave to proceed in forma pauperis. (D.E.
5). Plaintiff was directed to either pay the filing fee or submit the required in forma
pauperis documents no later than March 30, 2026, and was warned that failure to comply
may result in dismissal for want of prosecution. Fed. R. Civ. P. 41(b).
Plaintiff did not comply as he did not submit an account statement. Accordingly,
the undersigned ordered Plaintiff to either remit the required filing fee or to submit an
application to proceed in forma pauperis AND a copy of his trust fund account statement
United States District Court
Southern District of Texas
ENTERED
April 29, 2026
Nathan Ochsner, Clerk
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on or before April 21, 2026. (D.E. 6). Plaintiff was again warned that failure to comply
may result in dismissal for want of prosecution. Plaintiff has failed to comply.
Therefore, it is respectfully recommended that this case be DISMISSED pursuant
to 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). If Plaintiff complies with the Court’s previous order and submits the account
statement as ordered within 14 days of this M & R, the undersigned will withdraw the M
& R.
ORDERED on April 29, 2026.
_______________________________
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).
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