. Southern District of Texas . . ENTERED UNITED STATES DISTRICT COURT October 16, 2019 SOUTHERN DISTRICT OF TEXAS _ *__,Bavid J. Bradley, Clerk GALVESTON DIVISION NORBERTO ATENCIO © 8g : Plaintiff, . . VS. +~=CIVIL ACTION NO. 3:19-cv-00197

PORT AMERICA §

_ Defendant. 8

ORDEROFDISMISSAL = = —————™ On September 17, 2019, the Court sent notice to all parties to attend an initial pretrial and scheduling conference on September 25, 2019. [Dkt. 11]. Plaintiff, who is proceeding □ pro se, did not appear. Accordingly, the Court issued an order to show cause, directing Plaintiff to appear for a hearing on October 16, 2019. [Dkt. 12]. In its order, the Court expressly warned Plaintiff that failure to appear will result in the dismissal of his case. Jd. On October 16, 2019, Plaintiff, again, failed to appear. Federal courts have the authority to dismiss a case for failure to prosecute or failure. to comply with a court order. Fed. R. Civ. P. 41(b) (permitting a court to dismiss an action if the plaintiff “fails to prosecute or to comply with ...a court order”); see also Martinez Johnson,

(Sth Cir. 1997) (holding district courts have the inherent _ authority to sua sponte dismiss a cause of action for failure to prosecute or-comply with a □ - court order). .

Based on Plaintiff's failure to comply with this Court’s orders, it is hereby ORDERED that Plaintiff's claims are DISMISSED WITHOUT PREJUDICE. THIS IS A FINAL JUDGMENT . . f{74 : Signed at Galveston, Texas on this, the /é day of October, 2019.

5 Cc JEFFERY VINCENT BROWN _ AINITED STATES DISTRICT JUDGE