United States District Court, S.D. Mississippi, Southern Division
MEMORANDUM OPINION AND ORDER DISMISSING
H. WALKER UNITED STATES MAGISTRATE JUDGE.
cause is before the Court sua sponte for
consideration of dismissal. The parties consented to the
exercise of jurisdiction by the United States Magistrate
Judge pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P.
73, and the case was reassigned to the undersigned for all
purposes. ,  Plaintiff Eddie Joseph Brown, an inmate
of the Mississippi Department of Corrections, filed this
pro se complaint pursuant to 42 U.S.C. § 1983.
Although the Court initially granted Brown leave to proceed
in forma pauperis (IFP), the undersigned revoked
Brown's IFP status on November 3, 2016 due to his having
accumulated three strikes. In Order , the Court directed
Brown to pay the filing fee by December 5, 2016, and
expressly warned Brown that failure to timely pay the filing
fee would result in the dismissal of this action. Brown did
not pay the filing fee in this Court, and his deadline for
doing so has expired.
Court has the authority to dismiss an action sua
sponte for failure to prosecute and failure to comply
with court orders under Fed.R.Civ.P. 41(b) and under the
Court's inherent authority. See Link v. Wabash
R.R., 370 U.S. 626, 630 (1962); Larson v.
Scott, 157 F.3d 1030, 1032 (5th Cir. 1998);
McCullough v. Lynaugh, 835 F.2d 1126, 1127
(5th Cir. 1988). The Court must be able to clear
its calendar of cases that remain dormant because of the
inaction or dilatoriness of parties seeking relief, so as to
achieve the orderly and expeditious disposition of cases.
Link, 370 U.S. at 630. Such a sanction is necessary
in order to prevent undue delays in the disposition of
pending cases and to avoid congestion in the calendars”
of the Court. Id. at 629-630.
Court concludes dismissal of this action is proper under
Fed.R.Civ.P. 41(b) for Brown's failure to prosecute and
failure to comply with Order  and failure to pay the
filing fee. See Rice v. Doe, 306 F.Appx. 144, 146
(5th Cir. 2009) (affirming dismissal based on an
inmate's failure to comply with a court order); Davis
v. Gordon, 2003 WL 22120979 (5th Cir.
September 12, 2003) (affirming dismissal of prisoner's
case for failure to pay the filing fee). This disposition
renders moot  Defendants' motion for summary judgment
and  Brown's motion to enter the declaration of a
fellow inmate to the effect that Brown sought to borrow food
from the inmate from March-May, 2015. It is therefore, ORDERED AND
ADJUDGED that this case is dismissed, thereby rendering moot
motions  and . A final judgment will be entered in
accordance with this Memorandum Opinion and Order.
ORDERED AND ADJUDGED.
Brown's complaint in the lawsuit is
that lights were left on in the prison, leaving him unable to
sleep at night, so he slept during the daytime and sometimes