Tillman v. Harris County Sheriff's Office et al

Filing 6

ORDER OF DISMISSAL. Plaintiffs failure to comply with the notice of deficient pleading forces the Court to conclude that he lacks diligence in prosecuting this action. Accordingly, it is ORDERED that this action is DISMISSED WITHOUT PREJUDICE for want of prosecution....*** Case terminated on 7/2/18. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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Plaintiff,
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VS.
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HARRIS COUNTY SHERIFFS OFFICE, et al, §
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Defendants.
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July 02, 2018
David J. Bradley, Clerk

JARVIS M TILLMAN,

CIVIL ACTION NO. 4:18-CV-1566

ORDER OF DISMISSAL
Plaintiff Jarvis M. Tillman filed a pro se civil rights complaint on May 11, 2018. On
May 17, 2018, the Clerk’s office issued a notice of deficient pleading, noting that Tillman failed
to pay the filing fee or move for leave to proceed in forma pauperis. Tillman was ordered to so
move or pay the filing fee by June 18, 2018. The order specifically warned Tillman that failure
to comply could result in dismissal for failure to prosecute. Tillman has not yet complied with
the order.
A district court may sua sponte dismiss a lawsuit for failure to prosecute pursuant to
Federal Rule of Civil Procedure 41(b). Berry v. CIGNA/RSI–CIGNA, 975 F.2d 1188, 1190 (5th
Cir.1992). “This authority is based on the ‘courts' power to manage and administer their own
affairs to ensure the orderly and expeditious disposition of cases.’” Id. at 1190–91 (quoting Link
v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962)).
Plaintiff’s failure to comply with the notice of deficient pleading forces the Court to
conclude that he lacks diligence in prosecuting this action. Therefore, under the Court’s inherent
power to manage its docket, this Court concludes that dismissal for want of prosecution is
appropriate. The plaintiff is advised, however, that relief from this order may be obtained under

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Federal Rule of Civil Procedure 60(b) upon a proper showing. Accordingly, it is ORDERED
that this action is DISMISSED WITHOUT PREJUDICE for want of prosecution.
The clerk shall provide a copy of this Order to the parties.
It is so ORDERED.
SIGNED on this 2nd day of July, 2018.

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Kenneth M. Hoyt
United States District Judge

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