4:26-cv-03926•Aguirre v. Guerrero
Texte intégral
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JOEL AGUIRRE, JR., (TDCJ # 2583123), § § § § § Petitioner, vs. § CIVIL ACTION NO. H-26-3926 § § ERJC GUERRERO, § § Respondent. §· MEMORANDUM OPINION AND ORDER Petitioner Joel Aguirre, Jr., (TDCJ # 25 83123 ), is currently in the Huntsville Unit of the Texas Department of Criminal Justice-Correctional Institutions Division. On May 15, 2026, he filed a petition for writ of habeas corpus seeking to challenge his 2025 judgment of conviction in Harris County Cause Number 1899996. (Dkt. 1). He also sought leave to proceed informa pauperis. (Dkt. 4). On May 19, 2026, the Court denied Aguirre's motion to proceed in Jonna pauperis, finding that he had sufficient funds in his inmate trust account to pay the $5.00 filing fee for a habeas petition. (Dkt. 6). The Court ordered Aguirre to pay the filing fee by June 20, 2026. (Id. at 2). The Court also 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.). On June 16, 2026, the 1/ 3 United States District Court Southern District of Texas ENTERED July 23, 2026 Nathan Ochsner, Clerk Case 4:26-cv-03926 Document 10 Filed 07/23/26 in TXSD Page 1 of 3
Court granted Aguirre an extension of time in which to pay the filing fee, making it due by July 3, 2026. (Dkt. 9). Despite the extension of time, Aguirre has failed to pay the filing fee, 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. 4l(b);Larson v. Scott, 157F.3d 1030, 1031 (5th Cir. 1998) (notingthatadistrictcourtmay sua sponte dismiss an action for failure to prosecute or to com ply with any court order). Accordingly, the Court ORDERS as follows: 1. Aguirre's petition for writ ofhabeas corpus, (Dkt. 1), is DISMISSED without prejudice for want of prosecution. 2. Any pending motions are DENIED as moot 3. Aguirre is advised that upon a showing of good cause for failing to comply with the Court's May 19 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 payment of the $5.00 filing fee. 2/ 3 Case 4:26-cv-03926 Document 10 Filed 07/23/26 in TXSD Page 2 of 3
The Clerk will provide a copy of this Order to the petitioner. SIGNEDatHouston, Texas on ~ "2...3 • , 2026. DAVID HITTNER UNITED STATES DISTRICT JUDGE 3/ 3 Case 4:26-cv-03926 Document 10 Filed 07/23/26 in TXSD Page 3 of 3
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