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Ramos v. Texas Department of Family and Protective Services — magistrate judge recommends dismissal for failing to comply with an order

Reported / Citable

Case
Francisco Ramos v. Texas Department of Family and Protective Services, Kimberly Coffee, Shelly Duglosch, Jimmie D. Mitchell, and Lucinda Garcia Valdez
Court
U.S. District Court — Western District of Texas
Judge
Elizabeth S. (“Betsy”) Chestney
Date Decided
August 31, 2026
Docket No.
5:26-cv-04490
Topics
civil procedure; pro se litigation; failure to prosecute; in forma pauperis

Background

Francisco Ramos filed a proposed complaint and a motion to proceed in forma pauperis on July 9, 2026. The court granted him leave to proceed without prepaying fees and ordered him to file a more definite statement so the court could evaluate his complaint under 28 U.S.C. § 1915(e).

Ramos did not file the required statement by the August 18 deadline. He sought appointed counsel to help prepare it, but the court denied that request on August 4 and again advised him to answer the court’s questions to the best of his ability. The court warned twice that noncompliance could result in dismissal.

The Court’s Holding

Magistrate Judge Elizabeth S. Chestney recommended that the case be dismissed for want of prosecution and failure to comply with a court order under Federal Rule of Civil Procedure 41(b).

The recommendation rested on Ramos’s failure to submit the ordered more definite statement despite the deadline and repeated warnings. The report did not resolve the merits of Ramos’s claims; it recommended dismissal based on his procedural noncompliance.

Key Takeaways

  • The magistrate judge recommended dismissal under Rule 41(b), not a merits ruling on the complaint.
  • Ramos was twice warned that failing to file a more definite statement could lead to dismissal.
  • Any party may file specific written objections to the report and recommendation within 14 days of service.

Why It Matters

The recommendation illustrates that even an in forma pauperis litigant must comply with orders intended to clarify the factual basis of a complaint. A request for appointed counsel did not excuse the plaintiff from meeting the court’s deadline after that request was denied.

Because this is a report and recommendation, dismissal would require action by the district judge after the objection period and any review required by 28 U.S.C. § 636(b)(1).

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