Nelson v. Thompson et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
QUINCY NELSON, §
§
Plaintiff, §
§
versus § CIVIL ACTION NO. 9:20-CV-48
§
BILLY THOMPSON, et al., §
§
Defendants. §
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Quincy Nelson, a prisoner previously confined at the Gib Lewis Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
civil rights action pursuant to 42 U.S.C. § 1983 against Billy Thompson, Steven Edwards, Clinton
Ard, Muhammad Tohummy, Hillary Matthews, Terry Andrews, Charlotte Mattox, and Erika
Pate.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
On January 23, 2026, the magistrate judge recommended dismissing the action for want of
prosecution pursuant to Federal Rule of Civil Procedure 41(b). To date, the parties have not filed
objections to the report.
The court received and considered the Report and Recommendation of United States
Magistrate Judge pursuant to such referral, along with the record, pleadings and all available
evidence. After careful review, the court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct.
Case 9:20-cv-00048-MAC-ZJH Document 93 Filed 02/11/26 Page 1 of 2 PageID #:
<pageID>

Because the statute of limitations would bar future litigation of Plaintiff’s claims, a
dismissal would act as a dismissal with prejudice. A dismissal with prejudice is appropriate only
if there is a clear record of delay or contumacious conduct by the plaintiff, and if lesser sanctions
would not serve the interests of justice. Coleman v. Sweetin, 745 F.3d 756, 766 (5th Cir. 2014).
In this case, Plaintiff has not exhibited a clear record of contumacious conduct, but he has failed
to provide the court with his current address.
The court has considered imposing lesser sanctions and found them inadequate to address
the current situation. Because Plaintiff is proceeding in forma pauperis, the imposition of
monetary sanctions is almost certainly futile. Further, this case would remain suspended in limbo,
unable to proceed, so long as Plaintiff fails to provide the court and the defendants with his current
address. A dismissal is the only sanction available in this instance, but the court will lessen the
sanction by allowing Plaintiff to reopen the case by providing within thirty days of the date the
judgment is entered.
Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the Report and Recommendation of United States Magistrate Judge (#92) is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate
judge’s recommendation.
2
________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 11th day of February, 2026.
Case 9:20-cv-00048-MAC-ZJH Document 93 Filed 02/11/26 Page 2 of 2 PageID #:
<pageID>