Opinion
Civil Action 4:22-cv-00615
05-06-2022
THOMAS HENRY ROLLE II, SPN #02265034 Plaintiff, v. J. PRINCE, et al, Defendants.
MEMORANDUM ON DISMISSAL
HON. CHARLES ESKRIDGE, UNITED STATES DISTRICT JUDGE.
Thomas Henry Rolle II was an inmate of the Harris County Jail when he filed his civil rights complaint under 42 USC § 1983. The Clerk entered a notice of deficient pleading on March 3, 2022. It required Rolle to pay the filing fee or submit an application to proceed in forma pauperis with certified inmate account information within thirty days. Dkt 4. He hasn't complied. .
Under the inherent powers necessarily vested in a district court to manage its own affairs, this action is dismissed for want of prosecution. See FRCP 41(b); Link v Wabash Railroad Co, 370 U.S. 626, 630-31 (1962); Clofer v Perego, 106 F.3d 678, 679 (5th Cir 1997); James W. Moore, et al, 8 Federal Practice § 41Moore's.51(3)(b) & (e) (Matthew Bender 3d ed 2017).
Relief under Rule 60(b) of the Federal Rules of Civil Procedure will be granted upon a proper showing. See Link, 370 U.S. at 635.
The civil action filed by Plaintiff Thomas Henry Rolle II is DISMISSED WITHOUT PREJUDICE for want of prosecution.
Rolle's motion to proceed in forma pauperis is DENIED as moot. Dkt 2.
Any other motions are DENIED AS MOOT.
SO ORDERED.