Jackson v. TDCJ

District Court, S.D. Texas

Jackson v. TDCJ

Trial Court Opinion

Southern District of Texas ENTERED February 24, 2020 David J. Bradley, Clerk

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

MATTHEW JAMAL § CrviL ACTION No. JACKSON, — - § 4:19-cv-4659 (TDCJ-CID #2028305) § Plaintiff, § § VS. § JUDGE CHARLES ESKRIDGE § TDC], § Defendant. § MEMORANDUM ON DISMISSAL Before the Court is a complaint filed by Plaintiff Matthew Jamal Jackson. Dkt 1. Jackson is an inmate of the Hamilton Unit of the Texas Department of Criminal Justice—Cortrectional Institutions Division (TDCJ-CID). Jackson has failed to submit a completed and signed application to proceed ix forma pauperis or pay the filing fee as required by notice from the Clerk dated January 16, 2020. The Clerk’s notice stated that failure to comply as directed may result in the dismissal of this action. Jackson’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, the Court dismisses this action for want of prosecution. See FRCP 41(b); Link v Wabash B.R.,

370 US 626

□ (1962); Clofer v Perego,

106 F3d 678

(5th Cir 1997); 8 James Wm. Moote, et al, Moore’s Federal Practice § 41.51(3)(b) & (e) (3d ed 2017). Upon a proper showing, the Court will grant relief under Rule 60(b) of the Federal Rules of Civil Procedure. See Lizk,

370 US at 635

.

The Court DISMISSES the civil action filed by Matthew Jamal Jackson without prejudice for want of prosecution. The Court DENIES as moot all other pending motions. SO ORDERED. Signed on o2|2 [2020 , at Houston, Texas.

Hon. Charles Eskridge □ United States District Judge

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