IN THE UNITED STATES DISTRICT COURT May 26, 2020 FOR THE SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk HOUSTON DIVISION JONATHAN D. MITCHELL, § (TDCJ-CID #2189588) § § Petitioner, § § vs. § CIVIL ACTION H-20-1101 § LORIE DAVIS, § § Respondent. § MEMORANDUM ON DISMISSAL The petitioner has failed to submit an application to proceed as a pauper or to pay a fee of $5.00, as required by the Clerk’s Notice of Deficient Pleading dated April 6, 2020. The Clerk’s Notice also instructed the petitioner to complete the attached application forms for a writ of habeas corpus under

. The notice specifically provided that failure to comply as directed may result in the dismissal of this action. The petitioner’s failure to file an application to proceed in forma pauperis, pay the filing fee, or submit the completed habeas forms 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.,

(1962); Woodson v. Surgitek, Inc.,

(5th Cir. 1995); 8 James Wm. Moore et al., Moore’s 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,

. O:\RAO\VDG\2020\20-1101.a01.wpd This action is DISMISSED without prejudice for want of prosecution. SIGNED at Houston, Texas, on M a y 2 6 , 2020.

VANESSA D. GILMORE UNITED STATES DISTRICT JUDGE

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