Nguyen v. Figueroa

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TUNG NGUYEN, 	)
)
Petitioner, 	)
)
v. 	) 	No. CIV-26-391-D
)
MR. F. FIGUREROA, 	)
)
Respondent. 	)
REPORT AND RECOMMENDATION
Petitioner filed this 28 U.S.C. § 2241 habeas corpus petition on March 2,
2026, seeking to be released from custody “on supervision.” Doc. 1, at 7. Chief
United States District Judge Timothy D. DeGiusti referred the matter to the
undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C.
§ 636(b)(1)(B). Doc. 3. The undersigned recommends the Court dismiss the
petition without prejudice based on Petitioner’s failure to follow the Court’s
rules and orders.
I. 	Discussion.
On March 5, 2026, the Court ordered Petitioner to pay the filing fee or
submit an in forma pauperis (IFP) application. Doc. 4. Along with the order,
the Clerk of Court sent Petitioner the necessary forms to comply with the
Court’s order. The undersigned warned Petitioner that if he failed to comply
with the Court’s order to cure by March 26, 2026, his case would be subject to
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dismissal. Id. at 1-2. On March 13, 2026, Petitioner filed a notice with the
Court that consisted of copies of the Court’s order to cure and his habeas
petition. See Doc. 5. As of the date of this order, Petitioner has not paid the
$5.00 filing fee or submitted an IFP application.
The Clerk of Court mailed a copy of the order and the forms to Petitioner
at the address he provided the Court. Doc. 4 (Staff notes). The Postmaster has
not returned the mail as undeliverable. “Papers sent by the court will be
deemed delivered if sent to the last known address given to the court.”
LCvR5.4.
Under Fed. R. Civ. P. 41(b), a court may dismiss an action if the
petitioner “fails to prosecute or to comply with these rules or a court order.”
Fed. R. Civ. P. 41(b). Courts have consistently interpreted this rule to permit
sua sponte dismissal. Huggins v. Sup. Ct. of the U.S., 480 F. App’x 915, 916-17
(10th Cir. 2012); AdvantEdge Bus. Grp. v. Thomas E. Mestmaker & Assocs.,
Inc., 552 F.3d 1233, 1236 (10th Cir. 2009) (“A district court undoubtedly has
discretion to sanction a party for failing to prosecute or defend a case, or for
failing to comply with local or federal procedural rules.” (quoting Reed v.
Bennett, 312 F.3d 1190, 1195 (10th Cir. 2002))). And if dismissal is without
prejudice, the court may dismiss without attention to the non-exhaustive list
of 	factors 	that, 	by 	contrast, 	must 	inform 	a 	dismissal 	with 	prejudice.
AdvantEdge Bus. Grp., 552 F.3d at 1236 & n.2.
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Petitioner appears pro se, but he must follow the same rules as any other
litigant. See Davis v. Kan. Dep’t of Corrs., 507 F.3d 1246, 1247 n.1 (10th Cir.
2007) (holding a pro se litigant “to the same rules of procedure as other
litigants”). The undersigned finds that Petitioner’s failure to comply with this
Court’s orders and rules, together with the Court’s inherent power to manage
judicial resources, warrants dismissal of this action without prejudice. See
Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1161 n.2 (10th Cir.
2007) (noting Rule 41(b) permits courts “to dismiss actions sua sponte for a
plaintiff’s failure to . . . comply with the rules of civil procedures or court’s
orders”); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (discussing the
inherent power of a court to dismiss suits for lack of prosecution).
II. 	Recommendation and notice of right to object.
For the reasons set forth above, the undersigned recommends the Court
dismiss this action without prejudice.
The undersigned advises Petitioner of his right to file an objection to this
Report and Recommendation with the Clerk of this Court by April 23, 2026 in
accordance with 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72. The
undersigned further advises Petitioner that failure to make timely objection to
this Report and Recommendation waives his right to appellate review of both
factual and legal questions contained herein. Moore v. United States, 950 F.2d
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656, 659 (10th Cir. 1991). This Report and Recommendation disposes of the
issues referred to the undersigned Magistrate Judge in the captioned matter.
ENTERED this 2nd day of April, 2026.
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