Neighbors v. Director, TDCJ-CID

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
TEVIN DARRELL NEIGHBORS,
TDCJ-CID No. 02336519,
§
§
§
Petitioner, §
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v. § 2:25-CV-136-Z-BR
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DIRECTOR, TDCJ-CID, §
§
Respondent. §
FINDINGS, CONCLUSIONS AND RECOMMENDATION
TO DISMISS COMPLAINT
On June 20, 2025, Petitioner Tevin Darrell Neighbors, acting pro se and while a prisoner,
filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF 3).
On June 23, 2025, the Court issued a Notice of Deficiency in which it directed him to either
pay the $5 filing fee or submit an application to proceed in forma pauperis (“IFP Application”).
(ECF 4). Neighbors’ deadline for compliance was July 23, 2025. (Id.). The Court granted him an
extension of time in which to comply, setting the deadline for August 25, 2025. (ECF 6). On
September 12, 2025, Neighbors filed an application to proceed in forma pauperis, which was
denied on September 29, 2025. (ECF 10). His deadline to pay the $5 filing fee was October 30,
2025. (Id.). On October 6, 2025, Neighbors filed Motion to Extend Time in which to pay the filing
fee, which was granted on October 7, 2025. (ECF 11, 12). His deadline was extended to December
1, 2025. (Id.). However, he has failed to comply. The Court has given Neighbors ample opportunity
to comply with the Order, yet he has not done so.
Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an action sua
sponte for failure to prosecute or for failure to comply with the federal rules or any court order.
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Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1988); see FED. R. CIV. P. 41. “This authority [under
Rule 41(b)] flows from the court’s inherent power to control its docket and prevent undue delays
in the disposition of pending cases.” Boudwin v. Graystone Ins. Co., 756 F.2d 399, 401 (5th Cir.
1985) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 82 S. Ct. 1386 (1962)).
A pro se litigant is not exempt from compliance with relevant rules of procedural and
substantive law. Birl v. Estelle, 660 F.2d 592, 593 (5th Cir. 1981); Edwards v. Harris County
Sheriff's Office, 864 F. Supp. 633, 637 (S.D. Tex. 1994). A pro se litigant who fails to comply with
procedural rules has the burden of establishing excusable neglect, which is a strict standard
requiring proof of more than mere ignorance. Kersh v. Derozier, 851 F.2d 1509, 1512 (5th Cir.
1988); Birl, 660 F.2d at 593.
Dismissal without prejudice under Rule 41(b) is appropriate here. Neighbors’ failure to
comply with the Court’s Deficiency Order appears to reflect an intent to abandon this lawsuit
rather than to create purposeful delay. Regardless, this case cannot proceed without his
compliance.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge that the Complaint
filed by Tevin Darrell Neighbors (ECF 3) be DISMISSED without prejudice unless he fully
complies with the Deficiency Order before the deadline for filing objections to this FCR.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a copy of this Findings, Conclusions
and Recommendation to each party by the most efficient means available.
IT IS SO RECOMMENDED.
ENTERED December 10, 2025.
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* NOTICE OF RIGHT TO OBJECT *
Any party may object to these proposed findings, conclusions and recommendation. In the
event parties wish to object, they are hereby NOTIFIED that the deadline for filing objections is
fourteen (14) days from the date of filing as indicated by the “entered” date directly above the
signature line. Service is complete upon mailing, Fed. R. Civ. P. 5(b)(2)(C), or transmission by
electronic means, Fed. R. Civ. P. 5(b)(2)(E). Any objections must be filed on or before the
fourteenth (14th) day after this recommendation is filed as indicated by the “entered” date. See 28
U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(d).
Any such objections shall be made in a written pleading entitled “Objections to the
Findings, Conclusions and Recommendation.” Objecting parties shall file the written objections
with the United States District Clerk and serve a copy of such objections on all other parties. A
party’s failure to timely file written objections shall bar an aggrieved party, except upon grounds
of plain error, from attacking on appeal the unobjected-to proposed factual findings, legal
conclusions, and recommendation set forth by the Magistrate Judge and accepted by the district
court. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428–29 (5th Cir. 1996) (en banc),
superseded by statute on other grounds, 28 U.S.C. § 636(b)(1), as recognized in ACS Recovery
Servs., Inc. v. Griffin, 676 F.3d 512, 521 n.5 (5th Cir. 2012); Rodriguez v. Bowen, 857 F.2d 275,
276–77 (5th Cir. 1988).
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