Daniels v. Galveston County Jail

Filing 23

MEMORANDUM OPINION AND ORDER (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JAMES RAMONE DANIELS,

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Plaintiff,
vs.
GALVESTON COUNTY JAIL,
Defendant.

June 26, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. 3:17-0246

MEMORANDUM OPINION AND ORDER
Plaintiff James Ramone Daniels, who proceeds pro se and in forma pauperis, filed
this civil rights action alleging that delayed medical care for his broken hand while he
was incarcerated at the Galveston County Jail. Defendant Kathy White filed a motion to
dismiss (Dkt. 21), to which Plaintiff has not filed a timely response.
Defendant recently notified the Court, and publicly available records confirm, that
Daniels is no longer incarcerated at the Galveston County Jail (Dkt. 22; see Galveston
County

Consortium

Inmate

Inquiry,

available

at

http://p2c.co.galveston.tx.us/

jailinmates.aspx (last visited June 25, 2019)). Daniels has not provided the Court with an
updated address, as previously instructed by the Court (Dkt. 11, at 3).
Daniels’ failure to pursue this action leads the Court to conclude that he lacks due
diligence. Under the inherent powers necessarily vested in a district court to manage its
own affairs, the Court determines that dismissal for want of prosecution is appropriate.
See FED. R. CIV. P. 41(b); Gates v. Strain, 885 F.3d 874 (5th Cir. 2018); Nottingham v.
Warden, Bill Clements Unit, 837 F.3d 438, 440-41 (5th Cir. 2016) (a district court may
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dismiss an action sua sponte for failure to prosecute an action or to comply with court
orders). Daniels is advised, however, that relief from this order may be granted upon a
proper showing in accordance with Rule 60(b) of the Federal Rules of Civil Procedure.
The Court ORDERS that this case is DISMISSED without prejudice.
The Clerk will provide a copy of this order to the parties.
SIGNED at Galveston, Texas, this 26th day of June, 2019.
___________________________________
George C. Hanks Jr.
United States District Judge

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