Adams v. Justice

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2005
Charles R. Fulbruge III
Clerk
No. 04-40803
Conference Calendar
RANDALL ADAMS, also known as Wild Man,
Petitioner-Appellant,
versus
DAVID G. JUSTICE, Warden of Federal Correctional Institute,
Texarkana,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:03-CV-254-TJW
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Randall Adams, federal prisoner # 04632-043, is currently
serving a 135-month sentence following his convictions for
distributing cocaine and cocaine base. He appeals the dismissal,
without prejudice, of his 28 U.S.C. § 2241 petition, which he
filed to challenge the legality of his detention.
Adams argues that the district court applied an overly rigid
standard to his pro se amended petition. Adams amended his
petition in response to an order issued by the magistrate judge.
*
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this opinion should not be published and is not precedent except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. 04-40803
-2-
A district court may sua sponte dismiss an action for
failure to prosecute or to comply with any court order. FED. R.
CIV. P. 41(b); McCullough v. Lynaugh, 835 F.2d 1126, 1127
(5th Cir. 1988). Here, the record shows that the amended
petition did not conform to the order issued by the magistrate
judge. Specifically, Adams filed an excess of pages, failed to
concisely state his grounds for relief, and failed to briefly
summarize the facts supporting his grounds for relief.
Because Adams failed to comply with an order issued by the
district court, the without-prejudice dismissal of his petition
was not an abuse of discretion. See id.; McNeal v. Papasan,
842 F.2d 787, 789-90 (5th Cir. 1988). Accordingly, the judgment
of the district court is AFFIRMED.