Shippard v. Harris County Sheriff's Office et al

Filing 11

MEMORANDUM AND OPINION. The plaintiff has not responded to this court's order entered on October 5, 2016, which required him to submit by November 8, 2016 a more definite statement of the facts on which his complaint is based. This action is dismissed without prejudice for want of prosecution. (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
GREGORY SHIPPARD,
(SPN #01710088),
Plaintiff,
VS.
HARRIS COUNTY
SHERIFF'S OFFICE, et al.,
Defendants.

November 10, 2016
David J. Bradley, Clerk

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CIVIL ACTION NO. H-16-1609

MEMORANDUM AND OPINION
The plaintiff has not responded to this court's order entered on October 5, 2016, which
required him to submit by November 8, 2016 a more definite statement of the facts on which his
complaint is based. (Docket Entry No. 10). The court's order specifically provided that "[f]ailure
to comply as directed may result in the dismissal of this action." With regard to this court's Order
for More Definite Statement, the court must have clear answers to each of its questions before it can
evaluate the merits of the plaintiff's claims. The plaintiff's failure to comply with this court's order
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); 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 ET AL., MOORE'S FEDERAL PRACTICE§ 41.51(3)(b) & (e) (3d ed. 2010). Upon a proper
showing, relief from this order may be granted in accordance with FED. R. CIV. P. 60(b). See Link,
370 U.S. at 635.

P.\CASES\prisoner-habeas\20 16\16-1609 .dO I wpd

This action is dismissed without prejudice for want of prosecution.
SIGNED on November 9, 2016, at Houston, Texas.

Lee H. Rosenthal
United States District Judge

P· \CASES\prisoner-habeas\20 16\ 16-1609. dO 1. wpd

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