6:25-cv-00010•Jones v. Calhoun County Sheriff's Department et al
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1 / 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION TODD CHRISTOPHER JONES, Plaintiff, VS. § § § § § § § § § § CIVIL ACTION NO. 6:25-CV-00010 CALHOUN COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. MEMORANDUM AND RECOMMENDATION TO DISMISS CASE FOR FAILURE TO PROSECUTE On February 19, 2025, Plaintiff Todd Christopher Jones, proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983 against Defendants Calhoun County Sheriff’s Department, Bobby Vickery, Johnny Krause, and Myles Thompson (collectively, “Defendants”). (D.E. 1). Jones paid the filing fee on the same day. Over one year since filing the complaint, Jones has not taken any other action in this case. On February 12, 2026, the undersigned ordered Plaintiff to show cause on or before March 5, 2026, why this action should not be dismissed for want of prosecution under Federal Rule of Civil Procedure 41(b). (D.E. 5). A district court has authority to dismiss a case for want of prosecution or for failure to comply with a court order. 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). To date, Plaintiff has not responded to the Show United States District Court Southern District of Texas ENTERED March 11, 2026 Nathan Ochsner, Clerk Case 6:25-cv-00010 Document 6 Filed 03/10/26 in TXSD Page 1 of 3
2 / 3 Cause Order (D.E. 5). Plaintiff has failed to follow court order requiring him to show cause they this matter should not be dismissed for noncompliance with Federal Rule of Civil Procedure 4(m). Dismissal is therefore warranted under these circumstances. Accordingly, the undersigned respectfully recommends that Plaintiff’s action be DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b). Respectfully submitted on March 10, 2026. ____________________________ Julie K. Hampton United States Magistrate Judge Case 6:25-cv-00010 Document 6 Filed 03/10/26 in TXSD Page 2 of 3
3 / 3 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 Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), 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 recommendation 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). Case 6:25-cv-00010 Document 6 Filed 03/10/26 in TXSD Page 3 of 3
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