Opinion
Civil Action 4:21-cv-01885
05-06-2022
WENDEL SMITH, (former SPN #1228556) Petitioner, v. ED GONZALEZ, Respondent.
MEMORANDUM ON DISMISSAL
Hon. Charles Eskridge, United States District Judge.
The petition for a writ of habeas corpus filed by Petitioner Wendel Smith is dismissed without prejudice for want of prosecution. Dkt 1. The motion to dismiss filed by Respondent Ed Gonzalez is DENIED AS MOOT. Dkt 7.
Smith proceeds here pro se. He challenges his pretrial detention. The Harris County District Clerk's website shows that he was awaiting trial on several charges before the 209th Judicial District Court of Harris County, Texas, including Cause Numbers 1704333 (felony theft $2,500-$30,000); 2332639 (misdemeanor driving while intoxicated); 1697483 (felony evading arrest or detention with a motor vehicle); 1679274 (felony unauthorized use of a vehicle); 1679032 (felony unauthorized use of a vehicle); and 1676087 (felony theft greater than or equal to $2,500 with two or more previous convictions). Smith was convicted of some offenses, and others were dismissed.
He was an inmate of the Harris County Jail at the time of filing. Online records show that he's no longer confined there.
Notices are sent only to the address on file, and a pro se Etigant is responsible for keeping the Clerk advised in writing of a current address. Local Rule 83.4. Smith hasn't provided the Clerk with an accurate, current address.
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 Moore's Federal Practice § 41.51(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 petition for a writ of habeas corpus filed by Petitioner Wendel Smith is DISMISSED WITHOUT PREJUDICE for want of prosecution. Dkt 1.
The motion to dismiss filed by Respondent Ed Gonzalez is DENIED AS MOOT. Dkt 7.
Any other motions are DENIED AS MOOT.
SO ORDERED.