Aguirre v. Guerrero

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JOEL AGUIRRE, JR.,
(TDCJ # 2583123),
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Petitioner,
vs. 	§ 	CIVIL ACTION NO. H-26-3926
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ERJC GUERRERO, 	§
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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
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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.
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The Clerk will provide a copy of this Order to the petitioner.
SIGNEDatHouston, Texas on 	~ 	"2...3 	• 	, 2026.
DAVID HITTNER
UNITED STATES DISTRICT JUDGE
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