Cervantes v. Lt. Ellison et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JUAN JAVIER MEJIA CERVANTES,
Plaintiff,
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VS .
LT. ELL IS , et al.,
Defendants.
§ 	CIVIL ACTION NO. 4:26-CV-00891
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ORDER OF DISMISSAL WITHOUT PREJUDICE
Juan Javier Mejia Cervantes is in custody of the Texas Department of Criminal Justice
at the Polunsky Unit. 	Doc. No. 1. 	He filed this case under 42 U.S.C . § 1983, alleging
violations of his civil rights in connection with a use of force and lack of medical care. Id.
On February 9, 2026, the Clerk issued a Notice of Deficient Pleading requiring plaintiff to
either pay the filing fee or move for leave to proceed in forma pauper is and submit a copy
of his trust fund account statement within thirty days. Doc. No. 4. The notice warned him
that his failure to comply on time could result in the dismissal of this case for want of
prosecution. Id. (citing Fed. R. Civ. P. 4l(b)). To date, the plaintiff has not complied with
the court's notice by paying the fee or submitting a motion for leave to proceed informa
pauperis along with his inmate trust fund account statement as required.
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
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United States District Court
Southern District of Texas
ENTERED
April 10, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-00891 Document 5 Filed 04/10/26 in TXSD Page 1 of 2

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 court 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
within thirty days of the date of this Order. 	A proper showing includes, at minimum, full
compliance with the Court's previous instructions and orders, regarding either paying the
filing fee or moving for leave to proceed in forma pauperis with a copy of his trust fund
account statement.
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Accordingly, the Court ORDERS as follows:
1. 	This case is DISMISSED without prejudice for want of prosecution.
2. 	All pending motions, if any, are DENIED as MOOT.
The Clerk will enter this Order, providing a correct copy to all parties of record.
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SIGNED on this 	[ 0 	day of April 2026.
~\ bANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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