King v. Collier et al

Filing 25

ORDER OF DISMISSAL WITHOUT PREJUDICE (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
NELSON L KING,
TDCJ #01940952,
Plaintiff,
VS.
JAMES COLLIER, et al,
Defendants.

May 31, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:17-CV-0126
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ORDER OF DISMISSAL WITHOUT PREJUDICE
Nelson King (TDCJ #01940952) has brought an action under 42 U.S.C. § 1983,
the Americans with Disabilities Act, and the Rehabilitation Act, alleging that the
defendants have violated his constitutional and statutory rights by refusing to house him
in dormitories at the Darrington Unit because of his mental illness (Dkt. 1 at 7–8). King
proceeds pro se and has been granted leave to proceed in forma pauperis.
King’s claim centers on his dissatisfaction with his housing placement at the
Darrington Unit (Dkt. 1 at 6-7). In his notice of change of address, King reports that he
has been moved from the Darrington Unit (Dkt. 22). On April 12, 2018, because King
has been transferred to another unit, the Court dismissed all of his claims for injunctive
relief regarding the Darrington Unit as moot and ordered King to show cause within 40
days regarding why the rest of his claims were not also rendered moot by the transfer
(Dkt. 24). To date, King has not responded to the Court’s Order to Show Cause or
otherwise indicated that he intends to continue prosecuting this case. He also has not

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filed a response to Defendants’ motion for summary judgment as directed in the Court’s
April 12, 2018 Order.
A court may dismiss an action sua sponte for failure to prosecute or for failure to
comply with any court order. Larson v. Scott, 157 F.3d 1030, 1031–32 (5th Cir. 1998).
“This authority flows from the Court’s inherent power to control its docket and prevent
undue delays in the disposition of pending cases.” Boudwin v. Graystone Ins. Co., Ltd.,
756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash Railroad Co., 370 U.S. 626
(1962)). King has not complied with the Court’s Order to Show Cause and does not
otherwise show that this case is not moot. Based on the foregoing, the Court ORDERS
as follows:
1.

This case is DISMISSED WITHOUT PREJUDICE for failure to
prosecute and for failure to comply with the Court’s Order to Show Cause
(Dkt. 24).

2.

Any pending motions are DENIED as moot.

This is a FINAL JUDGMENT.
The Clerk is directed to provide a copy of this order to the parties.
SIGNED at Galveston, Texas, this 31st day of May, 2018.
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George C. Hanks Jr.
United States District Judge

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