4:26-cv-01255•Clark v. Metcaf et al
Testo completo
UNITED STATES DISTRlCT COURT SOUTHERN DISTRlCT OF TEXAS HOUSTON DIVISION DAMIEN RASHAD CLARK, TDCJ #01729463 , § § § § Plaintiff, vs . § CIVIL ACTION NO. 4:26-CV-01255 § TANNER METCAF, et al. , § § 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 1/2 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 2 / 2 Case 4:26-cv-01255 Document 16 Filed 06/24/26 in TXSD Page 2 of 2
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