Lara v. Taylor et al, No. 4:2013cv02095 - Document 7 (S.D. Tex. 2013)

Court Description: MEMORANDUM OPINION AND ORDER dimissing with prejudice 1 Prisoner Civil Rights Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DAVID K. LARA, TDCJ-CID # 1337673, § § § § § § § § § § Plaintiff, v. JUSTIN D. TAYLOR, Defendant. CIVIL ACTION H-13-2095 MEMORANDUM OPINION .AND ORDER The plaintiff, a TDCJ-CID inmate, has not complied with this court I Order S of August 8, 2013, (Docket Entry No.6) which required him to submit a more definite statement of the facts on which his complaint is based within thirty days. The court IS Order specifically provided that "[f]ailure to comply as directed may result in the dismissal of this action." has made no response. The plaintiff I s The plaintiff Id. 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 dismissal for want of prosecution is appropriate. P. 4l(b); Link v. Wabash R.R., 82 S.Ct. 1386 that See FED. R. Crv. (1962); Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995). The plaintiff is advised, however, that upon a proper showing, relief from this order may be granted in accordance with Fed. R. Civ. P. 60(b). Link, 82 S.Ct. at 1391. ._---_._-_._-----_._. See 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 Jt~ day of September, 2013. SIM LAKE UNITED STATES DISTRICT JUDGE -2-