Pond v. Thaler

Filing 14

MEMORANDUM ON DISMISSAL. The petitioner's failure to pursue this action forces this court to conclude that he lacks due diligence. This action is DISMISSED without prejudice for want of prosecution. (Signed by Judge Vanessa D Gilmore) Parties notified. (wbostic, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
WILLIAM POND,
(TDCJ-CID #1608119)

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Petitioner,

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vs.

CIVIL ACTION H-13-1300

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WILLIAM STEPHENS,
Director TDCJ-ID,

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Respondent.

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MEMORANDUM ON DISMISSAL

On May 3, 2013, the petitioner, William Pond, filed a petition for a writ of habeas corpus
with the assistance of counsel. (Docket Entry No. 1). On January 15, 2014, the respondent filed a
43-page answer and motion to dismiss the petition. (Docket Entry No. 13). To date, the petitioner
has not responded to the Respondent's answer and motion to dismiss. The court's order to answer
entered July 3, 2013, required the petitioner to respond to any dispositive motion filed by the
respondent within thirty days. (Docket Entry No.3).
The petitioner's failure to pursue this action forces this court to conclude that he lacks due
diligence. 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. 41(b);
Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995); 8 J. MOORE, FEDERAL PRACTICE
§ 41.51 (3)(b) & (e) (3d ed. 2002). Upon a proper showing, relief from this order may be granted in

accordance with FED. R. CIV. P. 60(b).
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This action is DISMISSED without prejudice for want of prosecution.

SIGNED at Houston, Texas,

o~_f-• J; () ,2015.

VAN~

UNITED STATES DISTRICT JUDGE

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