Lemke v. Davis

Filing 4

MEMORANDUM ON DISMISSAL. This action is DISMISSED without prejudice for want of prosecution. (Signed by Judge Vanessa D Gilmore) Parties notified. (wbostic, 4)

United States District Court
Southern District of Texas

ENTERED
August 30, 2016
David J. Bradley, Clerk

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

JOSEPH MICHAEL LEMKE,
(TDCJ-CID #01743211)
Petitioner,
vs.
LORIE DAVIS,
Respondent.

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CIVIL ACTION H-16-2118

MEMORANDUM ON DISMISSAL

The petitioner has failed to submit an application to proceed as a pauper or to pay a fee of
$5.00, as required by the Clerk's Notice of Deficient Pleading entered July 25, 2016. (Docket Entry
No.3). The notice specifically provided that failure to comply as directed may result in the dismissal
of this action. The petitioner's failure to file an application to proceed in forma pauperis or pay the
filing fee 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.
WabashR.R.,370U.S.626(1962); Woodsonv. Surgitek, Inc., 57F.3d 1406, 1417(5thCir.1995);

8 JAMES WM. MOOREET AL., MOORE'S FEDERAL PRACTICE§ 41.51(3)(b) & (e) (3d ed. 2016). Upon
a proper showing, relief from this order may be granted in accordance with FED. R. Crv. P. 60(b).
See Link, 370 U.S. at 635.
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This action is DISMISSED without prejudice for want of prosecution.

A ESSA D. GILMORE
UNITED STATES DISTRICT JUDGE

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