Halcomb v. Texas Department of Criminal Justice (TDCJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHRIS HALCOMB, 	§
§
Plaintiff, 	§
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VS. 	§ 	CIVIL ACTION NO. 4:25-CV-02281
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TEXAS DEPARTMENT OF CRIMINAL 	§
JUSTICE (TDCJ), 	§
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Defendant. 	§
ORDER OF DISMISSAL WITHOUT PREJUDICE
Plaintiff, Chris Halcomb, filed this case under 42 USC 1983, alleging that the Texas
Department of Criminal Justice incarcerated him longer than his sentence permitted. He
has not paid the filing fee, nor has he submitted a motion for leave to proceed in forma
pauperis. 	On August 4, 2025 , the Clerk's Notice of Deficient Pleading was returned to
sender as "unclaimed" and "unable to forward." See Doc. No. 9.
To date, the plaintiff has not updated his address to provide the Court with a current,
valid address as required by Rule 83 .4 of the Local Rules for the Southern District of Texas,
Houston Division. 	Under that rule, a pro se litigant is responsible for keeping the Clerk
advised in writing of his current address. 	The Court will only send notices to the address
on file. 	The plaintiff has clearly failed to provide the Court with an accurate, current
address .
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
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United States District Court
Southern District of Texas
ENTERED
December 29, 2025
Nathan Ochsner, Clerk
Case 4:25-cv-02281 Document 10 Filed on 12/29/25 in TXSD Page 1 of 2

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 pr ej udice" ); Larson v. Scott, 157 F .3d 103 0 (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).
The plaintiff is advised, however, that relief from this Order may be granted upon a
proper showing by filing a motion under Rule 60(b) of the Federal Rules of Civil Procedure
within 30 days of this Order. At a minimum, a proper showing under Rule 60(b) includes
full compliance with the Court's previous notices or orders, including either paying the
filing fee or submitting a properly supported motion to proceed in forma pauperis as
directed, and providing the Court with a valid, updated address.
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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. 	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 this 	(.__, ~ 	day of December 2025.
ANDREWS. HANEN
UNITED STATES DISTRICT JUDGE
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