Cir.1985); Rogers v. Kroger, 669 F.2d 317, 320 (5th Cir.1982) 5 . Boudwin, 756 F.2d at 401 (citing Morris v. Ocean Sys., Inc., 730 F.2d 248 (5th Cir.1984, 106 F.3d 678. · Go Syfert
Cir.1985); Rogers v. Kroger, 669 F.2d 317, 320 (5th Cir.1982) 5 . Boudwin, 756 F.2d at 401 (citing Morris v. Ocean Sys., Inc., 730 F.2d 248 (5th Cir.1984, 106 F.3d 678. Cases Citing This Book View Copy Cite
36 citation events (29 in the last 25 years) across 5 distinct courts.
Strongest positive: Jayden L. Kannedy, et al. v. Harris County Commissioners Court, et al. (txsd, 2026-01-14)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) Jayden L. Kannedy, et al. v. Harris County Commissioners Court, et al.
S.D. Tex. · 2026 · confidence medium
Dismissal of Harris County and Harris County Commissioners Court is also appropriate under Rule 4(m). to this rule, the Court “has the inherent authority to dismiss an action sua sponte for failure to prosecute, with or without notice to the parties,” which flows from the Court’s “inherent power to control its docket and prevent undue delays in the disposition of pending cases.” Id. (quoting Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam); Boudwin v. Graystone Ins.
cited Cited as authority (rule) Clifton Scroggin v. Kelly Rowe, et al.
N.D. Tex. · 2025 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam).
cited Cited as authority (rule) Irfanbhai Kasambhai Manasiya, et al. v. Jospeh Edlow
S.D. Tex. · 2025 · confidence medium
Tex. Oct. 6, 2022) (quoting Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam); Boudwin v. Graystone Ins.
discussed Cited as authority (rule) Shaileh Kumar Patel v. Ur M. Jaddou
S.D. Tex. · 2025 · confidence medium
Pursuant to this rule, the Court “has the inherent authority to dismiss an action sua sponte for failure to prosecute, with or without notice to the parties,” which flows from the Court’s “inherent power to control its docket and prevent undue delays in the disposition of pending cases.” Id. (quoting Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam); Boudwin v. Graystone Ins.
cited Cited as authority (rule) Anthony G. Hereford, Jr. v. Coland Conwright
N.D. Tex. · 2025 · confidence medium
Co., 370 US. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam).
cited Cited as authority (rule) Salinas v. Rowe
N.D. Tex. · 2025 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam).
cited Cited as authority (rule) Palomo v. Rowe
N.D. Tex. · 2025 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam).
cited Cited as authority (rule) Palomo v. Mitchell
N.D. Tex. · 2025 · confidence medium
Co,, 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam).
discussed Cited as authority (rule) Palomo v. Lewis
N.D. Tex. · 2025 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam), This authority “flows from the court’s inherent power to control its docket and prevent undue delays in the disposition of pending cases.” Boudwin v. Graystone Ins.
cited Cited as authority (rule) Palomo v. Hutchinson
N.D. Tex. · 2025 · confidence medium
Co., 370 US. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam).
cited Cited as authority (rule) Palomo v. Lubbock University Medical Center Emergency
N.D. Tex. · 2025 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam).
discussed Cited as authority (rule) Suarez v. Carrington Mortgage Services, LLC
S.D. Tex. · 2025 · confidence medium
Pursuant to this rule, the Court “has the inherent authority to dismiss an action sua sponte for failure to prosecute, with or without notice to the parties,” which flows from the Court’s “inherent power to control its docket and prevent undue delays in the disposition of pending cases.” Id. (quoting Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam); Boudwin v. Graystone Ins.
cited Cited as authority (rule) Lambright v. Martinez
N.D. Tex. · 2025 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir. 1997) (per curiam).
discussed Cited as authority (rule) Menifee v. Paxton
S.D. Tex. · 2025 · confidence medium
Dismissal of Humble PD and Houston PD is also appropriate under Rule 4(m). disposition of pending cases.” Id. (quoting Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam); Boudwin v. Graystone Ins.
discussed Cited as authority (rule) Robinson v. Lloyd Powel
S.D. Tex. · 2025 · confidence medium
Pursuant to this rule, the Court “has the inherent authority to dismiss an action sua sponte for failure to prosecute, with or without notice to the parties,” which flows from the Court’s “inherent power to control its docket and prevent undue delays in the disposition of pending cases.” Id. (quoting Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997) (per curiam); Boudwin v. Graystone Ins.
cited Cited as authority (rule) Shepherd v. HCSO
S.D. Tex. · 2023 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Whatley v. Harris County Jail
S.D. Tex. · 2023 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Brown v. Lumpkin
S.D. Tex. · 2023 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Moore v. Detention Officer Lawrence
S.D. Tex. · 2023 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Busby v. Gonzalez
S.D. Tex. · 2022 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630— 31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Tate v. Lumpkin
S.D. Tex. · 2022 · confidence medium
See FRCP 41(b); Link v Wabash Railroad, 370 US 626, 630-31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 19977); James W.
cited Cited as authority (rule) Smith v. Gonzalez
S.D. Tex. · 2022 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626, 680-31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Johnson v. Lumpkin
S.D. Tex. · 2021 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
cited Cited as authority (rule) Watson v. Emmitt
S.D. Tex. · 2021 · confidence medium
See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626 , 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W.
discussed Cited as authority (rule) San Miguel v. McLane
N.D. Tex. · 2020 · confidence medium
Co., 370 U.S. 626, 630-33 (1962); Clofer v. Perego, 106 F.3d 678, 679 (Sth Cir, 1997); Rogers v. Kroger Co., 669 F.2d 317, 319-20 (Sth Cir. 1982) (noting that courts may dismiss sua sponte for failure to prosecute without notice to the parties).
discussed Cited as authority (rule) Stoneham v. Gonzalez
S.D. Tex. · 2020 · confidence medium
See FRCP 41(b); Link v Wabash RR, 370 US 626, 630-31 (1962); Clofer v Perego, 106 F3d 678, 679 (th Cir 1997); James W Moote, e¢ a/., 8 Moore’s Federal Practice § 41.51(3)(b) & (e) (Matthew Bender 3d ed 2017).
discussed Cited as authority (rule) Hicks v. Brysch (2×)
W.D. Tex. · 1997 · confidence medium
Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 , 82 S.Ct. 1386, 1388-89 , 8 L.Ed.2d 734 (1962); Clofer v. Perego, 106 F.3d 678, 679 (5th Cir.1997), (holding that district courts possess the inherent authority to dismiss an action sua sponte for failure to prosecute, with or sans notice to the parties); Martinez v. Johnson, 104 F.3d at 771 ; Long v. Simmons, 77 F.3d 878, 879 (5th Cir.1996), (holding that a court may sua sponte dismiss pursuant to Rule 41(b) for failure to comply with a court order); McNeal v. Papasan, 842 F.2d 787, 789 (5th Cir.1988); McCullough v. Lynaugh, 835 F.2d 1126, 11…
discussed Cited as authority (rule) LUIS HERRERA v. COMPUTER SCIENCES CORPORATION, et al
unknown court · confidence medium
He quotes Clofer v. Perego, Herrera read these grants as conjunctive, 106 F.3d 678, 679 (5th Cir. 1997), for the providing an extra sixty days in which to proposition that “dismissals with prejudice are present the pre-trial order, while CSC and the reserved for the most egregious of cases where court intended only a thirty-day grant. the requisite factors of clear delay and Nevertheless, Herrera failed to meet even this ineffective lesser sanctions are bolstered by the self-extended deadline.
cited Cited "see" Gilmore v. Guild Mortgage Company, LLC
E.D. Tex. · 2022 · signal: see · confidence high
See Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997); Doc.
cited Cited "see" Bundick v. Bay City Indep Sch
5th Cir. · 1999 · signal: see · confidence high
See Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997).
discussed Cited "see" RICHARD GAYDEN v. GALVESTON COUNTY TEXAS; GALVESTON COUNTY JUVENILE PROBATION DEPARTMENT
unknown court · signal: see · confidence high
See Clofer v. Perego, 106 F.3d 678, 680 (5th Cir. 1997); Callip v. Harris County Child Welfare Dep’t, 757 F.2d 1513, 1522 (5th Cir. 1985); Morris v. Ocean Sys., Inc., 730 F.2d 248, 253 (5th Cir. 1984).
cited Cited "see" ANTONIO ALONSO v. DEBORAH A. PARKER ET AL
unknown court · signal: see · confidence high
See Clofer v. Perego, 106 F.3d 678, 679 (5th Cir. 1997); Edwards v. City of Houston, 78 F.3d 983, 994 (5th Cir. 1996).
Retrieving the full opinion text from the archive…
Cir.1985); Rogers
v.
Kroger, 669 F.2d 317, 320 (5th Cir.1982) 5 . Boudwin, 756 F.2d at 401 (citing Morris v. Ocean Systems, Inc., 730 F.2d 248 (5th Cir.1984
PER CURIAM:

Tyronne Clofer is a Louisiana State Penitentiary (Angola) inmate. •• In October 1989, Clofer filed a § 1983 action against four members of the Angola medical’ staff, an emergency medical technician, and Warden John P. Whitley alleging their deliberate indifference to his serious medical needs. Clofer requested declaratory and injunctive relief and monetary damages.

The district court found that Clofer’s case presented exceptional circumstances under Ulmer v. Chancellor, 1 and appointed David Ferguson to represent Clofer. In November 1992, Clofer moved the court to dismiss Ferguson for failure to provide adequate representation. This motion was denied. ' As the case proceeded to trial, Ferguson consistently failed to appear for scheduled hearings. Ferguson missed pretrial conferences on March 19,1993, January 7,1994, and October 25, 1995. On November 15, 1995 the district court considered Ferguson’s dereliction and determined that dismissal of the suit with prejudice was the appropriate sanction.

On November 28, 1995 Clofer filed a motion to reinstate his case arguing that it was unfair to punish him for his court appointed attorney’s inadequate representation. The district court denied this motion. Clofer appeals.

We review the district court’s dismissal of an action for abuse of discretion. [2] A district court has the inherent authority to dismiss an action sua sponte for failure to prosecute, with or without notice to the parties, [3] but “[djismissals with prejudice are reserved for the most egregious of cases, usually cases where the requisite factors of clear delay and ineffective lesser sanctions are bolstered by the presence of at least one of the aggravating factors”. [4] “Those aggravating factors include (1) delay resulting from intentional conduct, (2) delay caused by the plaintiff personally, and (3) delay causing prejudice to the defendant.” [5]

[*680] In this ease, Ferguson alone is responsible for the plaintiffs failure to prosecute this action. Clofer was represented by an irresponsible attorney that the court refused to dismiss. In these circumstances, it is contrary to the most fundamental ideas of justice and fairness to punish Clofer for Ferguson’s dereliction. Clearly, some sanction is appropriate, but we feel sanctions directed at the attorney would be more effective and at the same time preserve Clofer’s right to a trial on the merits.

Accordingly, the district court’s ruling is VACATED, and the case is REMANDED to the district court for entry of an order reinstating this action and consideration of the appropriate sanction.

1

. 691 F.2d 209 (5th Cir.1982).

2

. Boudwin v. Graystone Ins. Co., 756 F.2d 399, 401 (5th Cir.1985).

3

. Link v. Wabash Railroad Co., 370 U.S. 626, 630-31, 82 S.Ct. 1386, 1388-89, 8 L.Ed.2d 734 (1962); Rogers v. Kroger Co., 669 F.2d 317, 319-20 (5th Cir.1982).

4

. Boudwin v. Graystone Ins. Co., 756 F.2d 399, 401 (5th Cir.1985); Rogers v. Kroger, 669 F.2d 317, 320 (5th Cir.1982)

5

. Boudwin, 756 F.2d at 401 (citing Morris v. Ocean Systems, Inc., 730 F.2d 248 (5th Cir.1984)).