Crate v. Vatani et al, No. 4:2012cv00772 - Document 11 (S.D. Tex. 2012)

Court Description: MEMORANDUM OPINION AND ORDER. It is ORDERED that this action be dismissed without prejudice for want of prosecution.(Signed by Judge Sim Lake) Parties notified.(chorace)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ANDREW JACKSON CRATE, TDCJ-CID NO. 1210935, Plaintiff, v. LISA VATANI, et al., Defendants. § § § § § § § § § § CIVIL ACTION NO MEMORANDUM OPINION AND ORDER The plaintiff, a state prisoner, has not complied with this court's order of March 21, 2012 (Docket Entry No. 3), which required him to submit a more definite statement of the facts on which his complaint is based within thirty days. The court's Order specifically provided that "[flailure to comply as directed may result in the dismissal of this action." I. d Instead, the plaintiff filed a motion seeking class certification (Docket Entry No. 5 ) , which the court denied. The court again instructed the plaintiff to submit a more definite statement and admonished the plaintiff that his complaint would be subject to dismissal if he did not comply (Docket Entry No. 7) . The only response received was a letter from another prisoner repeating the request for class certification and seeking court-appointed counsel. For the third time the court ordered the plaintiff to file a more definite statement, this time by May 10, 2012, and warned him that his complaint would be dismissed without further notice if he did not comply. No response has been filed. The plaintiff's failure to pursue this action forces this court to conclude that he lacks due diligence. Therefore, 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., 82 S.Ct. 1386 (1962); Woodson v. Surqitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995) . Accordingly, it is ORDERED that this action be dismissed without prejudice for want of prosecution. The Clerk shall provide copies of this Memorandum Opinion and Order to the parties. SIGNED at Houston, Texas, on this the 24th day of May, 2012. UNITED STATES DISTRICT JUDGE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.