Vasquez v. TDCJ

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JUAN CARLOS VASQUEZ
a/k/a DUBLAS OTONIEL
VASQUEZ
(TDCJ # 02531792),
Plaintiff,
versus
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE,
Defendant.
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CIVIL ACTION NUMBER
4:25-cv-06397
JUDGE CHARLES ESKRIDGE
OPINION AND ORDER ON DISMISSAL
Plaintiff Juan Carlos Vasquez, a/k/a Dublas Otoniel
Vasquez, is an inmate in the Texas Department of
Criminal Justice–Correctional Institutions Division. He
proceeds here pro se.
Plaintiff filed a letter with the Clerk that appears to
allege that TDCJ officials are failing to protect him from
harm by other inmates. Dkt 1. The Clerk construed the
letter as an attempt to pursue a civil-rights action under
42 USC §1983. The Clerk issued a notice of deficient
pleading, instructing Plaintiff to either file an application
to proceed in forma pauperis with certified inmate account
information or pay the $405 filing fee within thirty days.
Dkt 5. The notice also instructed Plaintiff to file an
amended complaint using the form approved for such
actions. The notice included a blank complaint form and an
in forma pauperis application for his use. The notice also
advised that the action was subject to dismissal without
prejudice for want of prosecution if he didn’t comply.
United States District Court
Southern District of Texas
ENTERED
February 25, 2026
Nathan Ochsner, Clerk
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Plaintiff hasn’t complied, and his time to do so has
expired. Under the inherent powers necessarily vested in a
district court to manage its own affairs, this action will be
dismissed for want of prosecution. FRCP 41(b); Link v
Wabash Railroad, 370 US 626, 630-31 (1962); Larson v
Scott, 157 F3d 1030, 1031 (5th Cir 1998); James W. Moore,
et al, 8 Moore’s Federal Practice § 41.51(3)(b) & (e)
(Matthew Bender 3d ed 2017).
The Court will grant relief upon a proper showing
under Rule 60(b) of the Federal Rules of Civil Procedure.
See Link, 370 US at 635. A proper showing requires, at
minimum, compliance with the Court’s prior order.
The civil action filed by Plaintiff Juan Carlos Vasquez,
a/k/a Dublas Otoniel Vasquez, is DISMISSED WITHOUT
PREJUDICE. Dkt 1.
All pending motions are DENIED AS MOOT.
SO ORDERED.
Signed on , at Houston, Texas.
__________________________
Honorable Charles Eskridge
United States District Judge
February 25, 2026
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