Franklin v. Doyle et al

Filing 22

ORDER OF DISMISSAL. Case terminated on 3/23/18 (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JOHNATHAN FRANKLIN,
Plaintiff,
VS.
WARDEN LARRY G. DOYLE, et al.,
Defendants.

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March 23, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:17-CV-69

ORDER OF DISMISSAL
On January 28, 2018, the Court concluded that the prisoner civil rights complaint
filed by the plaintiff, Johnathan Franklin (TDCJ #1550282), failed to state a claim upon
which relief could be granted and ordered Franklin to file an amended complaint within
thirty days (Dkt. 20).

The Court provided Franklin with an approved civil rights

complaint form for use in filing an amended complaint (Dkt. 20-1). To date, however,
Franklin has not filed an amended complaint as directed and his time to do so has
expired. Franklin has not otherwise attempted to comply.
Franklin’s failure to pursue this action forces the Court to conclude that he lacks
due diligence. Therefore, under the inherent powers necessarily vested in a district court
to manage its own affairs, this Court determines that dismissal for want of prosecution is
appropriate. See Fed. R. Civ. P. 41(b); see also Larson v. Scott, 157 F.3d 1030 (5th Cir.
1998) (noting that a district court may dismiss an action sua sponte for failure to
prosecute or to comply with any court order). Franklin is advised that relief may be

granted from this determination under Rule 60(b) of the Federal Rules of Civil Procedure
only upon a showing of good cause.
Accordingly, it is ORDERED that the prisoner civil rights case filed by Johnathan
Franklin is DISMISSED without prejudice for failure to comply with court orders.
The Clerk is directed to provide a copy of this order to the plaintiff.
SIGNED at Galveston, Texas, this 23rd day of March, 2018.
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George C. Hanks Jr.
United States District Judge

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