Rush v. Stephens et al

Filing 23

MEMORANDUM ON DISMISSAL denying as moot 22 MOTION for Summary Judgment. This action is DISMISSED without prejudice for want of prosecution. (Signed by Judge Vanessa D Gilmore) Parties notified. (wbostic, 4)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DEONRUSH,
(TDCJ-CID #1552652)

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Petitioner,
vs.
WILLIAM STEPHENS,
Director TDCJ-ID,
Respondent.

CIVIL ACTION H-14-3374

MEMORANDUM ON DISMISSAL

The petitioner has not responded to the Respondent's Motion for Summary Judgment.
(Docket Entry No. 22). The court's order to answer entered January 22, 2014, required the
petitioner to respond to any dispositive motion filed by the respondent within thirty days. (Docket
Entry No. 11).
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 1. 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. Respondent's Motion
for Summary Judgment, (Docket Entry No. 22), is DENIED as moot.
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SIGNED at Houston, Texas, on __A_U...",9:<..I:l_s_t4 _ _ _ 2015

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VANESSA D. GILMORE
UNITED STATES DISTRICT mDGE

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