Wright v. Texas Department Of Criminal Justice

District Court, S.D. Texas

Wright v. Texas Department Of Criminal Justice

Trial Court Opinion

Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT November 05, □□□□ FOR THE SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk HOUSTON DIVISION TIMOTHY WRIGHT, § (TDCJ-CID #625763) § Plaintiff, VS. : CIVIL ACTION H-19-3706 TEXAS DEPARTMENT OF CRIMINAL JUSTICE, et al., § Defendants. MEMORANDUM ON DISMISSAL

The plaintiff has failed to submit a completed and signed application to proceed in forma pauperis or pay the filing fee, as required by Notice from the Clerk entered October 1, 2019. The Clerk’s Notice also instructed the plaintiffto complete the attached complaint forms under

42 U.S.C. § 1983

. The Clerk’s Notice specifically provided that failure to comply as directed may result in the dismissal of this action. The plaintiff's failure to pursue this action forces this Court to conclude that he lacks due diligence. Under the inherent powers necessarily vested in a court to manage its own affairs, this Court determines that dismissal for want of prosecution is appropriate. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R.,

370 U.S. 626

(1962); Clofer v. Perego,

106 F.3d 678

(Sth Cir. 1997); 8 James Wm. Moore et al., Moore Federal Practice § 41.51(3)(b) & (e) 3d ed. 2017). Upon a proper showing, relief from this order may be granted in accordance with Fed. R. Civ. P. 60(b). See Link,

370 U.S. at 635

.

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This action is DISMISSED without prejudice for want of prosecution. SIGNED at Houston, Texas, on N —\) ‘ U ~» 2019,

VANESSA D. GILMORE UNITED STATES DISTRICT JUDGE

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Reference

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