Daniels v. Galveston County Jail, No. 3:2017cv00246 - Document 23 (S.D. Tex. 2019)
Court Description: MEMORANDUM OPINION AND ORDER (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)
Download PDF
<![CDATA[
Daniels v. Galveston County Jail Doc. 23 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION JAMES RAMONE DANIELS, § § § § § § § § § Plaintiff, vs. GALVESTON COUNTY JAIL, Defendant. June 26, 2019 David J. Bradley, Clerk CIVIL ACTION NO. 3:17-0246 MEMORANDUM OPINION AND ORDER Plaintiff James Ramone Daniels, who proceeds pro se and in forma pauperis, filed this civil rights action alleging that delayed medical care for his broken hand while he was incarcerated at the Galveston County Jail. Defendant Kathy White filed a motion to dismiss (Dkt. 21), to which Plaintiff has not filed a timely response. Defendant recently notified the Court, and publicly available records confirm, that Daniels is no longer incarcerated at the Galveston County Jail (Dkt. 22; see Galveston County Consortium Inmate Inquiry, available at http://p2c.co.galveston.tx.us/ jailinmates.aspx (last visited June 25, 2019)). Daniels has not provided the Court with an updated address, as previously instructed by the Court (Dkt. 11, at 3). Daniels’ failure to pursue this action leads the Court to conclude that he lacks due diligence. Under the inherent powers necessarily vested in a district court to manage its own affairs, the Court determines that dismissal for want of prosecution is appropriate. See FED. R. CIV. P. 41(b); Gates v. Strain, 885 F.3d 874 (5th Cir. 2018); Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 440-41 (5th Cir. 2016) (a district court may 1/2 Dockets.Justia.com dismiss an action sua sponte for failure to prosecute an action or to comply with court orders). Daniels is advised, however, that relief from this order may be granted upon a proper showing in accordance with Rule 60(b) of the Federal Rules of Civil Procedure. The Court ORDERS that this case is DISMISSED without prejudice. The Clerk will provide a copy of this order to the parties. SIGNED at Galveston, Texas, this 26th day of June, 2019. ___________________________________ George C. Hanks Jr. United States District Judge 2/2
]]>
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.
