Opinion
Civil Action 4:22-cv-00651
05-06-2022
MARQUIS VALANTEE TATE, TDCJ-CID #2199238 Petitioner, v. BOBBY LUMPKIN, Respondent.
MEMORANDUM ON DISMISSAL
HON. CHARLES ESKRIDGE, UNITED STATES DISTRICT JUDGE.
Marquis Valantee Tate is an inmate of the Texas Department of Criminal Justice-Correctional Institutions Division. He proceeds here pro se. The Clerk entered a notice of deficient pleading on March 3, 2022. Dkt 3. That notice instructed Tate to pay the $5 filing fee or file an application to proceed in forma pauperis with certified inmate account information within thirty days. He was advised that his petition was otherwise subject to dismissal without prejudice for want of prosecution.
Tate 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, 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).
The Court will grant relief upon a proper showing under Rule 60(b) of the Federal Rules of Civil Procedure. See Link, 370 U.S. at 635.
The civil action filed by Petitioner Marquis Valantee Tate is DISMISSED WITHOUT PREJUDICE for want of prosecution. Dkt 1.
Any other pending motions are DENIED AS MOOT.
SO ORDERED.