Thomas v. Warden

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JERRY LEE THOMAS,
(Inmate# 146893),
Petitioner,
vs.
WARDEN, Brazos County Detention
Center,
Respondent. ·
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§ 	CIVIL ACTION NO. H-26-3494
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MEMORANDUM OPINION AND ORDER
Petitioner Jerry Lee Thomas, (Inmate# 146893), is currently detained in the
Brazos County Detention Center. 	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
Thomas to either pay the applicable filing fee for a habeas action or file a properly
supported motion to proceed informa 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
. 	.
Thomas for his use and warned him that failing to COID:ply as ordered would result
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United States District Court
Southern District of Texas
ENTERED
June 12, 2026
Nathan Ochsner, Clerk
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in the Court dismissing his action without further notice under Federal Rule of Civil
Procedure 4l(b). (Id.).
Thomas 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. Crv. 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. 	Thomas's 	letter petition 	for 	writ 	of habeas 	corpus, 	(Dkt. 	1), 	1s
DISMISSED without prejudice for want of prosecution.
2. 	Any pending motions are DENIED as moot.
3. 	Thomas 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 Thomas'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 	r 	)	1 	, 2026.
~~WJk__DAVI HITTNER
UNITED STATES DISTRICT JUDGE
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