Batts v. State Of Texas

Filing 15

MEMORANDUM AND OPINION. This action is dismissed without prejudice for want of prosecution. 5 Order for Respondent to Answer is vacated. (Signed by Judge Lee H Rosenthal) Parties notified.(glyons, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FREDERICK JORDAN BATTS,
(TDCJ-CID #1460809)
Petitioner,
vs.
WILLIAM STEPHENS,
Respondent.

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CIVIL ACTION NO. H-13-2034

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MEMORANDUM AND OPINION
Copies of the court's order, (Docket Entry No. 13), were mailed to the petitioner, Frederick
Jordan Batts, at the address on record for him. The record indicates that the postal service returned
the order as undeliverable. The court has confirmed through telephone inquiry that the petitioner has
been released on parole.
Under Local Rule 83.4, a party, including one representing himself, is responsible for keeping
the Clerk of Court advised of his current address. The court can send notices only to the address on
file. The petitioner has failed to provide the court with an accurate, current address. Dismissal for
want of prosecution is appropriate. See FED. R. Cry. P. 41(b); Link v. Wabash R.R., 370 U.S. 626

(1962); Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995); 8 J. MOORE, FEDERAL
PRACTICE § 41.51 (3)(b) & (e) (3d ed. 1998). On a proper showing, the petitioner may obtain relief
from this order under Rule 60(b) ofthe Federal Rules of Civil Procedure. See Link, 370 U.S. at 635.

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This action is dismissed without prejudice for want of prosecution. This court's order for
the respondent to answer, (Docket Entry No.5), is vacated.
SIGNED on December 10,2013, at Houston, Texas.

Lee H. Rosenthal
United States District Judge

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