Albert v. Harris County Sheriff Office et al
Filing
10
MEMORANDUM AND OPINION. The case is DISMISSED for failure to comply and for want of prosecution. The request for appointment of counsel 9 is DENIED. (Signed by Judge Lee H Rosenthal) Parties notified. (wbostic, 4)
United States District Court
Southern District of Texas
ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BRIAN ALBERT,
(SPN #02206687)
Plaintiff,
vs.
HARRIS COUNTY
SHERIFF'S OFFICE, et al.,
Defendants.
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August 31, 2016
David J. Bradley, Clerk
CIVIL ACTION NO. H-16-0546
MEMORANDUM AND OPINION
The plaintiff, Brian Albert, has not responded to this court's July 13, 2016, order requiring
him to submit by August 22, 2016 a more definite statement of the facts on which his complaint is
based. (Docket Entry No. 8). The court's order warned Mr. Albert that "[:fJailure to comply as
directed may result in the dismissal of this action." Mr. Albert filed a letter on August 22, 2016,
stating that the order would simply make him repeat his original complaint and refusing to comply.
(Docket Entry No. 9). This is insufficient, both in terms of the failure to comply with the court's
order and in failing to provide information the court needs to evaluate the claims.
The case is dismissed for failure to comply and for want of prosecution. See FED. R. CIV. P.
41(b); Linkv. Wabash R.R., 370 U.S. 626 (1962); Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th
Cir. 1995); 8 JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE§ 41.51(3)(b) & (e) (3d ed.
2016). Upon a proper showing, relief from this order may be granted under FED. R. CIV. P. 60(b).
See Link, 370 U.S. at 635. The request for appointment of counsel is denied. (Docket Entry No.9).
P:\CASES\prisoner-habcas\2016\16-0546.d02.wpd
SIGNED on August 29,2016, at Houston, Texas.
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Lee H. Rosenthal
United States District Judge
P:\CASES\prisoner-habcas\2016\16...0546.d02.wpd
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