Opinion
CIVIL ACTION H-17-3429
12-19-2017
RAYMOND E. DOBSON, (TDCJ-CID #1786945) Plaintiff, v. BRYAN COLLIER, 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 November 17, 2017. The Clerk's notice specifically provided that failure to comply as directed may result in the dismissal of this action. (Docket Entry No. 3). 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 (5th Cir. 1997); 8 J. MOOREET AL., MOORE'S FEDERAL PRACTICE § 41.51 (3)(b) & (e) (3d ed. 2010). 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 December 19, 2017.
/s/_________
VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE