Opinion
CIVIL ACTION H-15-2408
09-25-2015
KEITH ALAN COOK, (TDCJ-CID #01978724) Petitioner, v. WILLIAM STEPHENS, 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 entered August 25, 2015. (Docket Entry No. 4). 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 or pay the filing fee 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); Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995); 8 J. MOORE, FEDERAL PRACTICE § 41.51 (3)(b) & (e) (3d ed. 2002). 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.
This action is DISMISSED without prejudice for want of prosecution.
SIGNED at Houston, Texas, On September 25, 2015.
/s/_________
VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE