UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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No. 96-10417
(Summary Calendar)
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HARRY DEAN HAYNES,
Plaintiff - Appellant,
versus
WAYNE SCOTT, Director, Texas Dep’t of Criminal
Justice, Institutional Division; RAYMOND
VILLARREAL; CANALAS, LVN,
Defendants - Appellees.
Appeal from the United States District Court
For the Northern District of Texas
(5:95-CV-183-BA)
November 21, 1997
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the motion by Harry Dean Haynes for
reinstatement of his appeal is GRANTED. IT IS ALSO ORDERED that
Haynes’ motion for leave to proceed on appeal in forma pauperis is
GRANTED. See Haynes v. Scott, 116 F.3d 137, 140 (5th Cir. 1997).
*
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opinion should not be published and is not precedent except under the limited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.
Haynes argues that the magistrate judge lacked jurisdiction to
enter final judgment. In light of Haynes’ written consent to
proceed to judgment before the magistrate judge, the magistrate
judge had jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532
(5th Cir. 1995).
Haynes argues that the magistrate judge abused his discretion
by dismissing Haynes’ suit with prejudice for want of prosecution.
There is indication in the record that the clerk of the court’s
office had Haynes’ then-current address, although his change-of-
address letter was not filed in the case. Moreover, there is
nothing in the record indicating that the magistrate judge
considered a lesser sanction before dismissing with prejudice.
Under these circumstances, the magistrate abused his discretion by
dismissing Haynes’ suit with prejudice for want of prosecution.
See McNeal v. Papasan, 842 F.2d 787, 789-93 (5th Cir. 1988).
For the foregoing reasons, the judgment is VACATED and the
case is REMANDED for further proceedings consistent with this
opinion.
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