Lara v. Taylor et al
Filing
7
MEMORANDUM OPINION AND ORDER dimissing with prejudice 1 Prisoner Civil Rights Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DAVID K. LARA,
TDCJ-CID # 1337673,
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Plaintiff,
v.
JUSTIN D. TAYLOR,
Defendant.
CIVIL ACTION H-13-2095
MEMORANDUM OPINION .AND ORDER
The plaintiff, a TDCJ-CID inmate, has not complied with this
court
I
Order
S
of
August
8,
2013,
(Docket
Entry
No.6)
which
required him to submit a more definite statement of the facts on
which his complaint is based within thirty days.
The court IS
Order specifically provided that "[f]ailure to comply as directed
may result in the dismissal of this action."
has made no response.
The plaintiff I s
The plaintiff
Id.
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,
this
court
determines
dismissal for want of prosecution is appropriate.
P.
4l(b); Link v.
Wabash R.R.,
82 S.Ct.
1386
that
See FED. R. Crv.
(1962); Woodson v.
Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995).
The plaintiff
is advised, however, that upon a proper showing, relief from this
order may be granted in accordance with Fed. R. Civ. P. 60(b).
Link, 82 S.Ct. at 1391.
._---_._-_._-----_._.
See
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
Jt~
day of September, 2013.
SIM LAKE
UNITED STATES DISTRICT JUDGE
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