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)

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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. § § § § § § § 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 0 \RAO\VDG\2ll 17117-1125 aOl.wpd 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 0 \RAO\VOG\2()J7\17-ll25 aOI wpd 2

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