Herrera v. Clay, No. 1:2016cv00393 - Document 14 (E.D. Tex. 2018)

Court Description: MEMORANDUM OPINION. This matter will be dismissed without prejudice for want of prosecution. Signed by District Judge Thad Heartfield on 1/30/18. (ljw, )

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Herrera v. Clay Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION EDUARDO HERRERA § VS. § BECKY CLAY § CIVIL ACTION NO. 1:16cv393 MEMORANDUM OPINION Eduardo Herrera, an inmate confined within the Bureau of Prisons, proceeding pro se, filed the above-styled petition for writ of habeas corpus. Discussion The court previously entered a memorandum opinion and order denying a motion for default filed by petitioner. A copy of the memorandum opinion and order was sent to petitioner at the Federal Correctional Complex in Beaumont, Texas, the address provided to the court by petitioner. The copy of the memorandum opinion and order sent to petitioner was returned to the court with a notation indicating petitioner was no longer at the address provided. Petitioner has not provided the court with a new address. Federal Rule of Civil Procedure 41(b) authorizes the district court to dismiss an action for want of prosecution sua sponte whenever necessary to disposition of cases. achieve the orderly 835 F.2d expeditious Anthony v. Marion County General Hospital, 617 F.2d 1164, 1167 (5th Cir. 1980). Lynaugh, and 1126 (5th Cir. See also McCullough v. 1988). The orderly and Dockets.Justia.com expeditious disposition of cases requires that if a litigant's address changes, he has a duty to inform the court of the change. The United States Court of Appeals for the Fifth Circuit has said It is neither feasible nor legally required that the clerks of the district courts undertake independently to maintain current addresses on all parties to pending actions. It is incumbent upon litigants to inform the court of address changes, for it is manifest that communications between the clerk and the parties or their counsel will be conducted principally by mail. In addition to keeping the clerk informed of any change of address, parties are obliged to make timely status inquiries. Address changes normally would be reflected by those inquiries if made in writing. Shannon v. State of Louisiana, 1988 WL 54768, No. 87-3951 (E.D. La. May 23, 1988) (quoting Perkins v. King, No. 84-3310 (5th Cir. May 19, 1985)); see also Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (per curiam) (pro se plaintiff's case dismissed for failure to prosecute when he failed to keep the court apprised of his current address). The exercise of the power to dismiss for failure to prosecute is committed to the sound discretion of the court and appellate review is confined discretion was abused. solely in whether the court's Green v. Forney Engineering Co., 589 F.2d 243 (5th Cir. 1979); Lopez v. Aransas County Independent School District, 570 F.2d 541 (5th Cir. 1978). By failing to take action to provide the court with a correct address, petitioner has prevented the court from communicating with him and moving this case towards resolution. failed to diligently prosecute this case. therefore be dismissed. He has therefore This matter should Conclusion For the reasons set forth above, this matter will be dismissed without prejudice for want of prosecution. be entered in accordance with this A final judgment shall memorandum opinion. If petitioner wishes to have this case reinstated on the court's active docket, he may do so by providing the court with a current address within 90 days of the date set forth below. SIGNED this the 30 day of January, 2018. ____________________________ Thad Heartfield United States District Judge 3

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