Cunningham v. Gonzalez

UNITED STATES DISTRICTCOURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
GREGORY CUNNINGHAM,
(Inmate# 03300717),
Petitioner,
vs.
ED GONZALEZ,
Respondent.
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§ 	CIVIL ACTION NO. H-26-3493
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MEMORANDUM OPINION AND ORDER
Petitioner Gregory Cunningham, (Inmate# 03300717), is currently detained
in the Harris County Jail. 	In April 2026, he filed a letter challenging his detention,
which the Court construed as an attempt to file a petition for writ of habeas corpus
under 28 U.S.C. § 2241. (Dkt. 1). On May 1, 2026, the Court ordered Cunningham
to either pay the applicable filing fee for a habeas action or file a properly supported
motion to proceed in forma pauperis by June 1, 2026. 	(Dkt. 3). 	The Court also
ordered him to file an amended petition on the form approved for use by prisoners
seeking relief under § 2241. 	(Id.) 	The Court provided the proper forms to
Cunningham for his use and warned him that failing to comply as ordered would
result in the Court dismissing his action without further notice under Federal Rule
of Civil Procedure 41 (b ). 	(Id.).
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United States District Court
Southern District of Texas
ENTERED
June 12, 2026
Nathan Ochsner, Clerk
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Cunningham 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. CIV. 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. 	Cunningham's letter petition for writ of habeas corpus, (Dkt. 1), is
DISMISSED without prejudice for want of prosecution.
2. 	Any pending motions are DENIED as moot.
3. 	Cunningham is advised that upon a showing of good cause for failing
to comply with the Court's May 1 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 Cunningham's amended petition on the proper form and either
payment of the $5 .00 filing fee or a properly supported motion to proceed in forma
pauperis.
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The Clerk will provide a copy of this Order to the petitioner.
SIGNED at Houston, Texas on 	~ 	11 	, 2026.
<~ 	fl 	-H;:::
DAVID~
UNITED STATES DISTRICT JUDGE
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