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MILFORD LEE ROOP, Plaintiff, v. GLOBAL EXPERTISE OUTSOURCING, Defendant.

FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

PAUL 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:

FINDINGS AND CONCLUSIONS I. FACTUAL BACKGROUND

Plaintiff filed this complaint alleging that Defendant violated his civil rights under 42 U.S.C. § 1983. On May 5, 2004, the Court sent Plaintiff a notice of deficiency because he failed to either pay the filing fee or file a proper request to proceed in forma pauperis. On May 25, 2004, this notice of deficiency was returned to the Court with the notation that Plaintiff is no longer at the address he provided to the Court. Plaintiff has failed to provide 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. The Court is therefore unable to contact Plaintiff. Accordingly, this complaint should be dismissed for want of prosecution.

RECOMMENDATION

For the foregoing reasons, the Court recommends that the District Court dismiss Plaintiff's complaint without prejudice for want of prosecution pursuant to Fed.R.Civ.P. 41(b).

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ROOP v. GLOBAL EXPERTISE OUTSOURCING
(Jun 1, 2004)