Warfield v. Unknown Party

Filing 4

MEMORANDUM ON DISMISSAL entered. 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
May 02, 2017
David J. Bradley, Clerk

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

LARRY WARFIELD,
(FORMER SPN #00127161)
Plaintiff,
vs.

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JOHN DOE,
Defendant.

CIVIL ACTION NO. H-17-1125

MEMORANDUM ON DISMISSAL

The plaintiff, a former inmate at the Harris County Jail, filed this civil rights action in forma
pauperis. On April21, 2017, the Clerk's Notice of Case Filing was returned to the court by the
postal service with the notation, "Return to Sender, released from custody ofHarris County Sheriffs
Office." (Docket Entry No.3).
Under Local Rule 83.4, a pro se litigant is responsible for keeping the Clerk advised in
writing of his current address. The court will send notices only to the address on file. The plaintiff
has failed to provide the court with an accurate, current address. Under the inherent powers
necessarily vested in a court to manage its own affairs, this court determines that dismissal for want
ofprosecution is appropriate. See FED. R. Crv. 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 J. MOORE ET AL., MOORE'S

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FEDERAL PRACTICE§

41.51 (3)(b) & (e) (3d ed. 201 0). Upon a proper showing, relieffrom this order

may be granted in accordance with FED. R. Crv. P. 60(b). See Link, 370 U.S. at 635.
This action is DISMISSED without prejudice for want of prosecution.
SIGNED at Houston, Texas, on

/d.04, 2---

,2017.

VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE

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