Smith v. Livingston et al

Filing 12

MEMORANDUM on Dismissal. This action is dismissed without prejudice for want of prosecution. (Signed by Judge Vanessa D Gilmore) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MELVIN SMITH,
(TDCJ-CID #2004066)
Plaintiff,
vs.
BRAD LIVINGSTON, et al.,
Defendants.

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January 13, 2017
David J. Bradley, Clerk

CIVIL ACTION H-16-2603

MEMORANDUM ON DISMISSAL

The plaintiff has not responded to this court's order entered December 2, 2016, which
required him to submit within thirty days a more definite statement of the facts on which his
complaint is based. (Docket Entry No.9). 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 plaintiffs claims. The plaintiffs 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. MOOREET 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.
0 \RAO\VDG\2016\16-260J.dOI.\\pd

This action is DISMISSED without prejudice for want of prosecution.
SIGNED at Houston, Texas, on _ _,'Jif'IAtnNHl~...-~~3........._.2v;Q1tt-7~,

VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE

0 \RAQ\VDG\2016\16-2603 dOl \\]XI

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