Chambers v. State of Texas
Filing
7
MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 Petition for Writ of Habeas Corpus. (Signed by Judge Sim Lake) Parties notified. (aboyd)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARCUS DEWAYNE CHAMBERS,
TDCJ-CID NO. 1758922,
Petitioner,
v.
STATE OF TEXAS,
Respondent.
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CIVIL ACTION NO. H-13-1243
MEMORANDUM OPINION AND ORDER
The petitioner in the above-styled cause has not responded to
this court's Notice of Deficient Pleading of May 1,
2013,
which
required the petitioner to submit an amended petition and a fee of
$5 or an application to proceed as a pauper within thirty days.
See Notice of Deficient Pleading, Docket Entry No.5.
The Notice
specifically stated, "If the petitioner fails to comply on time,
the court may dismiss this case for want of prosecution."
Id.
The
petitioner's failure to pursue this action forces this court to
conclude that he lacks due diligence.
Therefore, under the inherent powers necessarily vested in a
court to manage its own affairs, the court concludes that dismissal
for want of prosecution is appropriate.
Link v. Wabash R.R.,
82 S.Ct.
1386
See FED. R. CIV. P. 4l(b);
(1962); Woodson v.
Surgitek,
Inc., 57 F.3d 1406, 1417 (5th Cir. 1995); see also Larson v. Scott,
157 F.3d 1030
(5th Cir.
1998)
(noting that a district court may
dismiss an action sua sponte for failure to prosecute or to comply
with any court order).
Accordingly,
it
is
hereby
ORDERED
that
this
action
be
DISMISSED without prejudice for want of prosecution.
The Clerk shall provide copies of this Memorandum Opinion and
Order to the parties.
SIGNED at Houston, Texas, on this~,-tJ.th day of June, 2013.
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SIM LAKE
UNITED STATES DISTRICT JUDGE
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