Opinion
No. 3:02-CV-1274-P
August 14, 2002
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b) and an order of the District Court, this case has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge follow:
FINDINGS AND CONCLUSIONS
I. Factual Background
Plaintiff has filed this civil rights suit pursuant to 42 U.S.C. § 1983. Plaintiffs states that he sues Defendants for: (1) denial of a jury; (2) denial of counsel; (3) denial of indigent status; and that his complaint is to be supplemented. Plaintiff also attaches a copy of state court pleadings where Defendant Devill Homes, Inc. has sued Plaintiff.
On June 24, 2002, the Court sent Plaintiff interrogatories seeking additional information regarding his claims. On July 2, 2002, Plaintiff returned the interrogatories unanswered stating that: (1) he has no desire to incriminate himself; (2) he has "no desire to waive any [unintelligible] whatsoever"; and (3) for these reasons he is incapable of answering this Court's interrogatories.
III. 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 comply with the Court's Order to answer interrogatories. Accordingly, Plaintiff's complaint should be dismissed without prejudice for want of prosection.
Plaintiff's complaint may also be dismissible for failure to allege that any Defendant acted under color of state law. See Scott v. Moore, 85 F.3d 230, 233 (5th Cir. 1996) (finding § 1983 ordinarily affords redress only for conduct committed by a person or entity acting under color of state law).