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Hosch v. Barca

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Mar 14, 2013
CIVIL ACTION NO. H-13-0065 (S.D. Tex. Mar. 14, 2013)

Opinion

CIVIL ACTION NO. H-13-0065

03-14-2013

JOHN HOSCH, TDCJ-CID #1824778, Plaintiff, v. VICTOR BARCA, Defendant.


MEMORANDUM OPINION AND ORDER

The plaintiff, a TDCJ-CID inmate, has not complied with this court's Order of January 17, 2013 (Docket Entry No. 3), which required him to submit a more definite statement of the facts on which his complaint is based within thirty days. The Order also instructed the plaintiff to either pay the filing fee or submit an application to proceed in forma pauperis within thirty days. The court's Order specifically provided that "[f]ailure to comply as directed may result in the dismissal of this action." Id. The plaintiff has made no response. The plaintiff's failure to pursue this action forces this court to conclude that he lacks due diligence.

Therefore, 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., 82 S.Ct. 1386 (1962); Woodson v. Surqitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995).

Accordingly, it is hereby ORDERED that this action be dismissed without prejudice for want of prosecution.

The Clerk shall provide copies of this Memorandum Opinion and Order to the parties.

SIGNED at Houston, Texas, on this the 14th day of March, 2013.

________

SIM LAKE

UNITED STATES DISTRICT JUDGE


Summaries of

Hosch v. Barca

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Mar 14, 2013
CIVIL ACTION NO. H-13-0065 (S.D. Tex. Mar. 14, 2013)
Case details for

Hosch v. Barca

Case Details

Full title:JOHN HOSCH, TDCJ-CID #1824778, Plaintiff, v. VICTOR BARCA, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Mar 14, 2013

Citations

CIVIL ACTION NO. H-13-0065 (S.D. Tex. Mar. 14, 2013)