Chambers v. State of Texas, No. 4:2013cv01243 - Document 7 (S.D. Tex. 2013)

Court Description: MEMORANDUM OPINION AND ORDER dismissing without prejudice 1 Petition for Writ of Habeas Corpus. (Signed by Judge Sim Lake) Parties notified. (aboyd)
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Chambers v. State of Texas Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MARCUS DEWAYNE CHAMBERS, TDCJ-CID NO. 1758922, Petitioner, v. STATE OF TEXAS, Respondent. § § § § § § § § § § § CIVIL ACTION NO. H-13-1243 MEMORANDUM OPINION AND ORDER The petitioner in the above-styled cause has not responded to this court's Notice of Deficient Pleading of May 1, 2013, which required the petitioner to submit an amended petition and a fee of $5 or an application to proceed as a pauper within thirty days. See Notice of Deficient Pleading, Docket Entry No.5. The Notice specifically stated, "If the petitioner fails to comply on time, the court may dismiss this case for want of prosecution." Id. The petitioner'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, the court concludes that dismissal for want of prosecution is appropriate. Link v. Wabash R.R., 82 S.Ct. 1386 See FED. R. CIV. P. 4l(b); (1962); Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995); see also Larson v. Scott, 157 F.3d 1030 (5th Cir. 1998) (noting that a district court may Dockets.Justia.com dismiss an action sua sponte for failure to prosecute or to comply with any court order). Accordingly, it is hereby 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~,-tJ.th day of June, 2013. ~ ~ SIM LAKE UNITED STATES DISTRICT JUDGE -2-