Gawrysiak v. State of Texas et al

Filing 5

MEMORANDUM ORDER OF DISMISSAL.(Signed by Judge Ewing Werlein, Jr) Parties notified.(kcarr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DANIEL M. GAWRYSIAK, SPN 01627248, Plaintiff, § § § § § § V. STATE OF TEXAS, e t al., CIVIL ACTION H-12-0113 § § § Defendants. MEMORANDUM ORDER OF DISMISSAL While detained in the Harris County, Texas Jail, plaintiff filed a complaint pursuant to 42 U.S.C. to proceed i n forma p a u p e r i s . § 1983 and an application (Docket Entries No.1, No.2). A notice mailed days later to plaintiff at the Harris County Jail has been returned to the Court with a statement that plaintiff has been released from custody. Plaintiff, (Docket Entry No.4). however, has not provided the Court forwarding address, as required by local rule 83.4. rule, a pro with a Under that s e litigant is responsible for keeping the Clerk advised in writing of his current address. send notices to the address on file. The Court will only Plaintiff has clearly failed to provide the Court with an accurate, current address. Plaintifffs failure to pursue this action forces the Court to conclude that he lacks due diligence. Therefore, under the inherent powers necessarily vested in a court to manage its own affairs, this Court determines prosecution is appropriate. that dismissal for want of See Fed. R. Civ. P. 41 ( b ) ; Woodson v. Sursitek, Inc., 57 F. 3d 1406, 1417 (5th Cir. 1995) . Plaintiff is advised, however, that upon a proper showing, relief from this order may be granted in accordance with Rule 60(b) of the Federal Rules of Civil Procedure. Accordingly, the present civil rights action is DISMISSED without prejudice for want of prosecution. All pending motions are DENIED. The Clerk will provide a copy of this Order to all parties. SIGNED at Houston, Texas, on m Ie- , 2012.

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