Burke v. Payne
9:24-cv-00064
| E.D. Tex. | May 1, 2024Background
- James Alan Burke, Jr., an inmate at Shelby County Jail, filed a lawsuit pro se in the Eastern District of Texas.
- The case was assigned to a U.S. Magistrate Judge under 28 U.S.C. § 636 for recommended findings and disposition.
- On April 3, 2024, Burke was ordered to pay the full filing fee or submit an application to proceed in forma pauperis with supporting documentation from the jail.
- The court set a deadline of twenty days for Burke to comply with the order.
- Burke did not pay the fee or file the required application/documents by the deadline.
- The Magistrate Judge recommended dismissal without prejudice for failure to prosecute and comply with a court order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal for failure to pay filing fee or submit IFP | Not explicitly stated | Not explicitly stated | Dismissed without prejudice under Rule 41(b) |
| Compliance with court order (Rule 41(b) standard) | Not explicitly stated | Not explicitly stated | Burke failed to comply; dismissal appropriate |
Key Cases Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (1962) (recognizes the court’s inherent authority to dismiss a case for lack of prosecution)
- Boudwin v. Graystone Ins. Co., Ltd., 756 F.2d 399 (5th Cir. 1985) (affirming courts' power to control dockets and dismiss for inaction)
- Larson v. Scott, 157 F.3d 1030 (5th Cir. 1998) (Rule 41(b) authorizes dismissal for failure to prosecute or comply with court order)
- Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996) (standards for objecting to magistrate’s report and possible waiver of appellate rights)