Kelly v. Bureau of Fiscal Services et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JAMES EARL KELLY, 	§
§
Plaintiff, 	§
§
VS. 	§ 	CIVIL ACTION NO. 4:25-CV-04896
§
BUREAU OF FISCAL SERVICES, et al., 	§
§
Defendants. 	§
ORDER OF DISMISSAL WITHOUT PREJUDICE
Jmaes Earl Kelly filed this prisoner pro se civil rights action while confined in the
Harris County Jail. See Doc. No. 1. On February 26, 2026, the Court ordered the plaintiff
to submit a More Definite Statement to clarify his claims and warned him that the failure
to comply with the order within thirty days could result in the dismissal of this case for
want of prosecution. Doc. No. 14.
To date, the plaintiff has not submitted a More Definite Statement as ordered. 	The
plaintiffs failure to pursue this action leads the Court to conclude that he lacks due
diligence. 	Therefore, under the inherent powers necessarily vested in a district court to
manage its own affairs, this Court determines that dismissal for want of prosecution is
appropriate. 	See FED. R. Crv. P. 4l(b); Slack v. McDaniel, 529 U.S. 473 , 489 (2000)
(stating that "[t]he failure to comply with an order of the court is grounds for dismissal
with prejudice"); Larson v. Scott, 157 F.3d 1030 (5th Cir. 1998) (noting that a district court
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United States District Court
Southern District of Texas
ENTERED
June 30, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-04896 Document 19 Filed 06/30/26 in TXSD Page 1 of 2

may sua sponte dismiss an action for failure to prosecute or to comply with any court
order).
The plaintiff 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. A
proper 	showing 	includes, 	at 	minimum, 	full 	compliance 	with 	the 	Court's 	previous
instructions and orders, including submitting a More Definite Statement that responds to
the Court's questionnaire as ordered.
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Accordingly, based on the foregoing, the Court ORDERS as follows:
1. 	This case is DISMISSED without prejudice for want of prosecution.
2. 	Plaintiffs pending motions (Doc. Nos. 17 & 18) are DENIED.
3. 	All other pending motions, if any, are DENIED as MOOT.
4. 	This case is CLOSED.
The Clerk will send this Order to the parties of record.
gJ-t'--
SIGNED on this ____ day of June 2026.
:~U~==~ANDREWS. HANEN 	-....:::::
UNITED STATES DISTRICT JUDGE
Case 4:25-cv-04896 Document 19 Filed 06/30/26 in TXSD Page 2 of 2