Reported / Citable
Background
LaRico Jackson, a Texas Department of Criminal Justice inmate confined at the Choice Moore Unit, brought a pro se civil-rights action under 42 U.S.C. § 1983 against Sergeant Dustin Phillips and other defendants. Jackson was proceeding in forma pauperis.
The case was referred to U.S. Magistrate Judge Zack Hawthorn. The magistrate judge recommended dismissal for want of prosecution under Federal Rule of Civil Procedure 41(b). No objections to the report and recommendation were filed.
The Court’s Holding
District Judge Michael J. Truncale adopted the magistrate judge’s findings of fact and conclusions of law, finding them correct after considering the report, record, and pleadings.
The court ordered that final judgment be entered in accordance with the recommendation to dismiss the action for want of prosecution under Rule 41(b).
Key Takeaways
- The court adopted an unopposed magistrate judge recommendation.
- Jackson’s Section 1983 action was dismissed for want of prosecution under Rule 41(b).
- The order directs entry of a separate final judgment consistent with the dismissal recommendation.
Why It Matters
The order illustrates the consequence of failing to prosecute a federal civil-rights case, including one brought pro se and in forma pauperis by a prisoner. With no objections filed, the district court adopted the recommendation and directed entry of final judgment.