Morales v. Gaston et al

Filing 33

ORDER OF DISMISSAL WITHOUT PREJUDICE for want of prosecution. Case terminated on 8/23/2010. Plaintiff may move to reinstate case by filing motion for new trial with response to motion for summary judgment within ten days of this dismissal.(Signed by Judge Gray H. Miller) Parties notified.(gseidl)

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M o r a l e s v. Gaston et al D o c . 33 IN THE UNITED STATES DISTRICT COURT F O R THE SOUTHERN DISTRICT OF TEXAS H O U S T O N DIVISION F RANK M. MORALES, P l a i n t i ff , v. K ENNETH L. GASTON, ET AL., D e fe n d a n ts . C IVIL ACTION NO. H-09-1486 ORDER OF DISMISSAL D e f e n d a n t s filed a motion for summary judgment on June 22, 2010. Defendants' ce rtifica te of service reflects that the motion was served on plaintiff at his address of record o n that same day. Pursuant to the Court's order of January 22, 2010, plaintiff's response to th e motion for summary judgment was due on July 22, 2010, thirty days after service of the m o tio n . To-date, and despite expiration of a reasonable period of time, plaintiff has failed to file, or request additional time to file, a response to the motion for summary judgment. In m a te s and other parties proceeding pro se are not excused from time deadlines and other p ro c e d u ra l requirements imposed on all litigants. See, e.g., Rolen v. City of Brownfield, 182 F . App'x 362, 365 (5th Cir. 2006). The Court finds that plaintiff has failed to respond to the motion for summary ju d g m e n t, and that such failure reflects his lack of due diligence in prosecuting his case. See M a r tin e z v. Johnson, 104 F.3d 769 (5th Cir. 1997) (affirming dismissal for want of p rose cu tio n based on inmate's failure to respond to a summary judgment motion). The Court f u rth e r finds that plaintiff failed to comply with the Court's order to file a response to the m o tio n for summary judgment. Accordingly, this case is DISMISSED WITHOUT PREJUDICE for want of p ro s e c u tio n pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Plaintiff may m o v e to reinstate this case by filing a motion for new trial with a response to the motion for s u m m a ry judgment within ten days from date of this dismissal. The Clerk will provide a copy of this order to the parties. S ig n e d at Houston, Texas, on August 23, 2010. Gray H. Miller U n ite d States District Judge 2

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