Bell v. McBride et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RASHAD BELL,
Plaintiff,
versus
LORI MCBRIDE, et al,
Defendants.
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CIVIL ACTION NUMBER
4:25-cv-05647
JUDGE CHARLES ESKRIDGE
OPINION AND ORDER ON DISMISSAL
Plaintiff Rashad Bell is an inmate of the Texas
Department of Criminal Justice—Correctional Institutions
Division. He proceeds here pro se and in forma pauperis.
He filed this civil-rights action under 42 USC §1983
against physical therapists Lori McBride and Giriraj
Ravichandran and the University of Texas Medical
Branch, alleging that they violated his civil rights by
failing to provide him with proper physical therapy. Dkt 1.
As part of the screening required by 28 USC §1915A,
Plaintiff was ordered to file a supplemental statement of
his claims. Dkt 11. The order included specific questions for
Plaintiff to answer under oath. It also advised him that this
action was subject to dismissal without prejudice for want
of prosecution if he didn’t comply.
Plaintiff hasn’t complied, and his time to do so has
expired. Under the inherent powers necessarily vested in a
district court to manage its own affairs, this action will be
dismissed for want of prosecution. FRCP 41(b); Link v
Wabash Railroad, 370 US 626, 630-31 (1962); Larson v
Scott, 157 F3d 1030, 1031 (5th Cir 1998); James W. Moore,
et al, 8 Moore’s Federal Practice §41.51(3)(b) & (e)
(Matthew Bender 3d ed 2017).
United States District Court
Southern District of Texas
ENTERED
July 14, 2026
Nathan Ochsner, Clerk
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The Court will grant relief upon a proper showing
under Rule 60(b) of the Federal Rules of Civil Procedure.
See Link, 370 US at 635. A proper showing requires, at
minimum, compliance with the Court’s prior order.
The civil action filed by Plaintiff Rashad Bell is
DISMISSED WITHOUT PREJUDICE. Dkt 1.
All pending motions are DENIED AS MOOT.
SO ORDERED.
Signed on , at Houston, Texas.
__________________________
Honorable Charles Eskridge
United States District Judge
July 14, 2026
Case 4:25-cv-05647 Document 12 Filed 07/14/26 in TXSD Page 2 of 2