UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-20615
Summary Calendar
OSCAR L. SHAW,
Plaintiff-Appellant,
VERSUS
VERNON K. PITTMAN, Major, JASON COLLIER; M. DODSON, Captain;
W. DOSSEY; UNKNOWN ERDMAN; JOSEPH C. KOVACS;
UNKNOWN ASCHBER; F. E. FIGUEROA,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
(H-96-CV-3780)
April 30, 1998
Before WISDOM, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Oscar L. Shaw, Texas prisoner # 646048, filed a § 1983 action
against numerous officials of the Texas Department of Criminal
Justice in which he made the following complaints: the defendants
(1) unlawfully disciplined him on three occasions, (2) retaliated
*
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this opinion should not be published and is not precedent except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.
against him for filing a civil action, (3) denied him access to the
law library and indigent supplies, and (4) delayed reordering his
medications. The magistrate judge to whom the case was referred
ordered Shaw to file a more definite statement and to respond to
the order within 30 days. Shaw did not comply with the order.
Almost five months later, the district court dismissed Shaw’s
original complaint without prejudice for failure to comply with the
magistrate judge’s order.2 Shaw timely filed notice of the present
appeal. We affirm.
The district court allowed Shaw approximately five months to
file a more definite statement. He did not do so, even though the
magistrate judge expressly cautioned him against such delinquency.
The district court did not abuse its discretion in dismissing
Shaw’s claim without prejudice for failing to comply with the order
to file a more definite statement.3
AFFIRMED.
2
The magistrate judge’s order expressly stated that “failure
to comply as directed may result in the dismissal of this action.”
3
See McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988).
2