# Jackson v. Texas Board of Pardons & Paroles

> Court of Appeals for the Fifth Circuit · August 28, 2006 · 198 F. App'x 379

URL: https://www.frixlaw.com/law-library/cases/45745

## Case

- **Full name:** Lazell Don JACKSON, Plaintiff-Appellant, v. TEXAS BOARD OF PARDONS & PAROLES; William Siegman, Director of Review and Release Proc.; Howard Thrasher, Program Administrator, Release Proc.; Hugh Campbell, Program Administrator, III; Ellis Huffman, Program Administrator I; v. Ruth Flynn, Administrative Secretary I; Unidentified Garcia, Parole Commissioner; Sandie Walker, Board Member; Don Jones, Program Administrator I; Deborah Essary, Institutional Parole Caseworker, Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 28, 2006
- **Citations:** 198 F. App'x 379
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Davis, Per Curiam, Smith, Wiener
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/45745

## How later opinions describe it (automated extraction)

- affirming dismissal without prejudice of a pro se prisoner’s § 1983 claim where the prisoner “was instructed that he was responsible for paying the filing fee” but “did not comply with the district court’s order”
- affirming Rule 41(b) dismissal without prejudice for failure to pay filing fee as ordered

## Opinion text

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006

Charles R. Fulbruge III
Clerk
No. 05-41726
Conference Calendar

LAZELL DON JACKSON,

Plaintiff-Appellant,

versus

TEXAS BOARD OF PARDONS & PAROLES; WILLIAM SIEGMAN, Director of
Review and Release Proc.; HOWARD THRASHER, Program Administrator,
Release Proc.; HUGH CAMPBELL, Program Administrator, III; ELLIS
HUFFMAN, Program Administrator I; V. RUTH FLYNN, Administrative
Secretary I; UNIDENTIFIED GARCIA, Parole Commissioner; SANDIE
WALKER, Board Member; DON JONES, Program Administrator I; DEBORAH
ESSARY, Institutional Parole Caseworker,

Defendants-Appellees.

--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:05-CV-279
--------------------

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Lazell Don Jackson, Texas prisoner # 61277, appeals

following the district court’s dismissal without prejudice of his

42 U.S.C. § 1983 suit for failure to prosecute. Jackson argues

that the district court lacked authority to sua sponte dismiss

his complaint for failure to pay the initial partial filing fee

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-41726
-2-

and that his in forma pauperis complaint could be dismissed only

if it was frivolous, malicious, or failed to state a claim.

Jackson’s arguments are without merit. See FED. R. CIV. P. 41(b);

McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988).

With the benefit of liberal construction, Jackson also

argues that he believed the district court would collect the

filing fee, that the district court’s dismissal was arbitrary,

malicious, and fraudulent, and that his complaint raised

meritorious issues relating to the denial of parole, denial of

good-time credit, and the Ex Post Facto Clause. The record shows

that Jackson was instructed that he was responsible for paying

the filing fee and timely executing all necessary documents for

withdrawals from his inmate trust account, but Jackson did not

comply with the district court’s order. The district court did

not abuse its discretion by dismissing the complaint without

prejudice. See McCullough, 835 F.2d at 1127.

The district court’s judgment is AFFIRMED.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/45745. Public record. Not legal advice.