Clark v. Metcaf et al

UNITED STATES DISTRlCT COURT
SOUTHERN DISTRlCT OF TEXAS
HOUSTON DIVISION
DAMIEN RASHAD CLARK,
TDCJ #01729463 ,
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Plaintiff,
vs . 	§ 	CIVIL ACTION NO. 4:26-CV-01255
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TANNER METCAF, et al. , 	§
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Defendants. 	§
ORDER OF DISMISSAL WITHOUT PREJUDICE
On April 24, 2026, the Court struck the pleadings ofpros e plaintiff, Damien Rashad
Clark (TDCJ #01729463), a second time for failure to comply with the joinder rules. 	See
Doc. No. 13. 	The Court advised the plaintiff that his claims for issues at the Memorial
Unit were not properly filed in this venue and further warned that failure to amend his
pleadings in conformity with the Federal Rules could result in the dismissal of this case.
See id. at 3.
To date, the plaintiff has not complied with the Court's Order. Therefore, under the
inherent powers necessarily vested in a district court to manage its own affairs, this Court
detennines that dismissal for want of prosecution is appropriate. See FED. R. CIV. P. 41(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
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United States District Court
Southern District of Texas
ENTERED
June 24, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-01255 Document 16 Filed 06/24/26 in TXSD Page 1 of 2

(5th Cir. 1998) (noting that a 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. 	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.
SIGNED on this 	()_ '-t~ay of June 2026.
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE
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Case 4:26-cv-01255 Document 16 Filed 06/24/26 in TXSD Page 2 of 2