4:26-cv-03687•Jackson v. Santini et al
Gesamter Gesetzestext
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RAY JACKSON, (Inmate# 2026138), § § § § § Plaintiff, vs. § CIVIL ACTION NO. H-26.'.3687 § VINCENZO SANTINI, et al., § § § Defendants. § MEMORANDUM OPINION AND ORDER Plaintiff Ray Jackson, (Inmate # 2026138), is currently detained in the Beeville County Jail. On May 6, 2026, he filed a com plaint under 42 U.S. C. § 1983 against Montgomery County Assistant District Attorney Vincenzo Santini, Montgomery County Commissioner James Metts, and an unknownMontgomezy County Clerk's Office employee. (Dkt. 1). Jackson alleged that the defendants each violated his civil-rights in connection with a previous state-court criminal prosecution. (Id. at 3-4). On May 10, 2026, theCourtorderedJackson to either pay the applicable filing fee for a civil-rights action or file a properly supported motion to proceed in forma pauperis by June 9, 2026. (Dkt. 4). The Court provided the proper form to Jackson for his use and warned him that failing to comply as ordered 1/ 3 United States District Court Southern District of Texas ENTERED June 26, 2026 Nathan Ochsner, Clerk Case 4:26-cv-03687 Document 5 Filed 06/25/26 in TXSD Page 1 of 3
would result in the Court dismissing his action without further notice under Federal Rule of Civil Procedure 41 (b ). (Id.). Jackson has failed to comply, and his time to do so has now expired. His failure to pursue this action forces the 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 determines that dismissal for want of prosecution is appropriate. See FED. R. Crv. P. 41(b); Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998) (noting that a district court may sua sponte dismiss an action for failure to prosecute or to comply with any court order). Accordingly, the Court ORDERS as follows: 1. Jackson's civil-rights action, (Dkt. 1), 1s DISMISSED without prejudice for want of prosecution. 2. Any pending motions are DENIED as moot. 3. Jackson is advised that upon a showing of good cause for failing to com ply with the Court's May 10 Order, relief from this Order may be granted under Federal Rule of Civil Procedure 60(b). Any motion under Rule 60(b) must be accompanied by either payment of the $405.00 filing fee or a properly supported motion to proceed informa pauperis. 2/ 3 Case 4:26-cv-03687 Document 5 Filed 06/25/26 in TXSD Page 2 of 3
The Clerk will provide a copy of this Order to the petitioner. SIGNED at Houston, Texas on r<L- '2..s' , 2026. ~tfutl-AVID HITTNER UNITED STATES DISTRICT ITJDGE 3/ 3 Case 4:26-cv-03687 Document 5 Filed 06/25/26 in TXSD Page 3 of 3
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