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Buenrostro v. Cedar Sinai Medical Center

United States District Court, Fifth Circuit

November 8, 2013

JOSE BUENROSTRO, 1838395, Plaintiff,
v.
CEDAR SINAI MEDICAL CENTER, ET AL., Defendants.

FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

PAUL D. STICKNEY, Magistrate Judge.

This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of Title 28, United States Code, Section 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The Findings, Conclusions and Recommendation of the United States Magistrate Judge follow:

I. Factual Background

On September 27, 2013, Plaintiff filed this complaint. On October 9, 2013, the Court sent Plaintiff a notice of deficiency for failure to pay the filing fee or file a motion to proceed in forma pauperis. On October 31, 2013, the notice was returned to the Court as undeliverable. Plaintiff has not provided the Court with any alternative address.

II. Discussion

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. Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). "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., Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626 (1962)). Plaintiff has failed to provide the Court with a current address. Accordingly, his complaint should be dismissed for want of prosecution.

III. Recommendation

For the foregoing reasons, the Court recommends that the District Court dismiss Plaintiff's complaint without prejudice for want of ...


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