McDade v. Thomas

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 97-20623 Summary Calendar _____________________ NATHAN J. McDADE, Plaintiff-Appellant, versus TOMMY B. THOMAS; G. S. PLASANT, Defendants-Appellees.. _______________________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CV-3076 _______________________________________________________ February 24, 1999 Before REAVLEY, BENAVIDES and PARKER, Circuit Judges. PER CURIAM:* Nathan J. McDade, now a Texas inmate (# 800995), appeals the district court’s dismissal of his civil rights complaint for want of prosecution. The court dismissed the case after McDade, who was then a pretrial detainee, refused to sign consent forms that would have authorized Harris County Jail officials to forward funds from McDade’s inmate trust account to pay his initial partial filing fee under the Prison Litigation Reform Act. We have carefully reviewed McDade’s appellate assertions and the record on appeal. Because McDade has never sufficiently explained his refusal to sign the necessary consent forms, we conclude that the district court did not abuse * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. its discretion in dismissing the lawsuit for want of prosecution. See Martinez v. Johnson, 104 F.3d 769, 771 (5th Cir. 1997). AFFIRMED. 2