Davis vs. Harris County Jail Medical, et al

Filing 6

MEMORANDUM AND OPINION denying as moot 2 MOTION to Proceed In Forma Pauperis.(Signed by Judge Lee H Rosenthal) Parties notified.(chorace)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TYRONE DOUGLAS DAVIS, (SPN #02135886), 8 8 § 8 Plaintiff, § tj § VS. HARRIS COUNTY JAIL MEDICAL ADMINISTRATION, et al., CIVIL ACTION NO. H- 12-0967 0 8 § 5 Defendants. MEMORANDUM AND OPINION The plaintiff, a former inmate at the Harris County Jail, filed this civil rights action informa pauperis. On April 19,2012, the Clerk's Notice of Deficient Pleading was returned to the court by the postal service with the notation, "Return to Sender, released from custody of the Harris County Sheriffs' Department." (Docket Entry No. 5). Under Local Rule 83.4, a pro se litigant is responsible for keeping the Clerk advised in writing of his current address. The court will send notices only to the address on file. The plaintiff has failed to provide the court with an accurate, current address. Under the inherent powers necessarily vested in a court to manage its own affairs, this court determines that dismissal for want of prosecution is appropriate. See FED.R. CIV.P. 4l(b); Link v. Wabash R. R., 370 U.S. 626 (1962); Woodson v. Surgitek, Znc., 57 F.3d 1406, 1417 (5th Cir. 1995); 8 J. MOOREET AL., MOORE'S FEDERAL PRACTICE4 1.51(3)(b) & (e) (3d ed. 20 10). Upon a proper showing, relief from this order may be granted in accordance with FED.R. CIV.P. 60(b). See Link, 370 U.S. at 635. This action is dismissed without prejudice for want of prosecution. The motion to proceed in formapauperis, (Docket Entry No. 2), is denied as moot. SIGNED on April 23, 20 12, at Houston, Texas. United States District Judge

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