Opinion

Brown

Court
District Court, W.D. Louisiana
Filed
Aug 6, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

EDDIE BROWN, III CIVIL ACTION NO. 3:26-1297

SECTION P

VS.

JUDGE TERRY A. DOUGHTY

MARK MASHAW, ET AL. MAG. JUDGE KAYLA D MCCLUSKY

REPORT AND RECOMMENDATION

Plaintiff Eddie Brown, III, who proceeds pro se and in forma pauperis, filed this

proceeding on approximately April 21, 2026, under 42 U.S.C. § 1983. He names the following

defendants: Sheriff Mark Mashaw, District Attorney David Summersgill, Criminal Investigator

Jane Doe, and John Doe.1

A district court may dismiss an action based on a plaintiff’s failure to prosecute or

comply with a court order. FED. R. CIV. P. 41(b). A court possesses the inherent authority to

dismiss the action sua sponte on this basis. Link v. Wabash R.R. Co., 370 U.S. 626, 630-31

(1962). “The power to invoke this sanction is necessary to prevent undue delays in the

disposition of pending cases and to avoid congestion in the calendars of the [d]istrict [c]ourts.”

Id.

On June 1, 2026, the undersigned ordered Plaintiff to amend his Complaint, remedy

certain deficiencies, and provide specific information. [doc. # 7]. The undersigned cautioned

that the Court may dismiss Plaintiff’s lawsuit if he failed to comply. Id. Plaintiff’s deadline to

1 This matter has been referred to the undersigned for review, report, and recommendation under

28 U.S.C. § 636, and the standing orders of the Court.

comply passed, and to date Plaintiff has not filed an amended pleading.

Accordingly, IT IS RECOMMENDED that Plaintiff Eddie Brown, III’s Complaint,

[doc. # 1], be DISMISSED WITHOUT PREJUDICE.

Under the provisions of 28 U.S.C. § 636(b)(1)(C) and Rule 72(b), parties aggrieved by

this recommendation have fourteen (14) days from service of this Report and Recommendation

to file specific, written objections with the Clerk of Court. A party may respond to another

party’s objections within fourteen (14) days after being served with a copy of any objections or

response to the district judge at the time of filing.

Failure to file written objections to the proposed factual findings and/or the

proposed legal conclusions reflected in this Report and Recommendation within fourteen

(14) days following the date of its service, or within the time frame authorized by Fed. R.

Civ. P. 6(b), shall bar an aggrieved party from attacking either the factual findings or the

legal conclusions accepted by the District Court, except upon grounds of plain error. See

Douglass v. United Services Automobile Association, 79 F.3d 1415 (5th Cir. 1996).

In Chambers, Monroe, Louisiana, this 6" day of August, 2026.

Kayla Dve McClusky

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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