Williams v. Hallettsville Police Department

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
ERIC W. WILLIAMS,
Plaintiff,
VS.
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CIVIL ACTION NO. 6:26-CV-00041
HALLETTSVILLE POLICE
DEPARTMENT, 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
April 30, 2026. (D.E. 1). After an Order to Transfer was entered on May 27, 2026, the
U.S. District Clerk notified Plaintiff that his pleading was deficient for failing to pay the
filing fee or properly requesting to proceed in forma pauperis (IFP”). (D.E. 9 and D.E. 12).
Plaintiff was directed to comply by June 26, 2026, and was notified that failure to comply
may result in his case being dismissed. (D.E. 12). Plaintiff did not comply.
Therefore, on June 29, 2026, the Court entered a Notice of Deficiency and Order to
Show Cause, ordering Plaintiff to either pay the filing fee or submit an IFP application
along with a copy of his trust fund statement by July 23, 2026. (D.E. 13). Plaintiff was
again notified that failure to comply may result in dismissal for want of prosecution. Fed.
R. Civ. P. 41(b). To date, Plaintiff has failed to comply.
United States District Court
Southern District of Texas
ENTERED
July 28, 2026
Nathan Ochsner, Clerk
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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).
ORDERED on July 28, 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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