Jackson v. Bingham et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DEREK A. JACKSON, #29905
VS.
CAPTAIN FNU BINGHAM, ET AL.
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CIVIL ACTION NO. 4:25cv1099
MEMORANDUM OPINION AND ORDER
Pro se Plaintiff Derek A. Jackson filed a civil rights action pursuant to 42 U.S.C. § 1983.
The action was assigned to the undersigned United States Magistrate Judge in accordance with the
Standing Order Assigning Prisoner Civil Rights Cases Filed in the Sherman Division to a
Magistrate Judge. (Dkt. #2). Plaintiff consented to have a magistrate judge conduct all proceedings.
(Dkt. #3).
On November 10, 2025, the court ordered Plaintiff to either pay the $405.00 filing fee or
submit an application to proceed in forma pauperis along with a certified in forma pauperis data
sheet, or equivalent, reflecting his last six months of financial activity from his inmate trust
account. (Dkt. #4). As of this date, Plaintiff has failed to comply with the court’s Order (Dkt. #4);
thus, he has failed to prosecute his case.
The exercise of the power to dismiss for failure to prosecute is committed to the sound
discretion of the court; appellate review is only for abuse of that discretion. Green v. Forney Eng’g
Co., 589 F.2d 243, 247 (5th Cir. 1979); Lopez v. Aransas Cnty. ISD, 570 F.2d 541, 544 (5th Cir.
1978). Not only may a district court dismiss for want of prosecution upon motion of a defendant,
but it may also dismiss an action sua sponte when necessary to achieve the orderly and expeditious
disposition of a case. Anthony v. Marion Cnty. Gen. Hosp., 617 F.2d 1164, 1167 (5th Cir. 1980).
A district court may dismiss an action for failure of a litigant to prosecute or to comply with any
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order of the court. McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988); Fed. R. Civ. P.
41(b). In this case, Plaintiff has failed to comply with the court’s Order (Dkt. #4). Therefore, the
case will be dismissed for failure to prosecute. Fed. R. Civ. P. 41(b).
It is accordingly ORDERED that the case is DISMISSED without prejudice. Fed. R. Civ.
P. 41(b). Any pending motions are denied as moot.
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