Garley v. Boyd

1 / 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
CLIFTON JAMES GARLEY, III,
Petitioner,
VS.
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 6:25-CV-00062
ROY BOYD,
Respondent.
MEMORANDUM AND RECOMMENDATUON
TO DISMISS FOR FAILURE TO PROSECUTE
Petitioner Clifton James Garley, III, Texas inmate appearing pro se has filed this
pro prisoner habeas corpus action. Petitioner is currently confined at the Goliad County
Jail in Goliad, Texas. On December 23, 2025, the undersigned ordered Petitioner to refile
his §2241 Petition using the standard form for such petitions on or before January 23, 2026.
(D.E. 11). Petitioner has not complied with the December 23, 2025 Order.
On January 27, 2026, because Petitioner had failed to comply with the Court’s
Orders by refiling his petition, the Court ordered Petitioner to show cause within twenty
(20) days why his lawsuit should not be dismissed for want of prosecution. (D.E. 12).
Petitioner was instructed that he would comply with the Show Cause Order by refiling his
Petition as previously directed by the Court. Id. Petitioner was further instructed that his
failure to comply with the Show Cause Order would result in the undersigned issuing a
United States District Court
Southern District of Texas
ENTERED
March 02, 2026
Nathan Ochsner, Clerk
Case 6:25-cv-00062 Document 13 Filed 03/02/26 in TXSD Page 1 of 3

2 / 3
recommendation to the District Court to dismiss this case. Id. at 1-2. Petitioner has failed
to respond or comply with the January 27, 2026 Show Cause Order.
A district court has authority to dismiss a case for want of prosecution or for failure
to comply with a court order. Fed. R. Civ. P. 41(b); see also Martinez v. Johnson, 104 F.3d
769, 772 (5th Cir. 1997) (holding district courts have the power to sua sponte dismiss a
cause of action for failure to prosecute). To date, Petitioner has failed to respond to two
court orders directing him to refile his petition, including the January 27 Show Cause
Order. Petitioner, therefore, has failed to follow court orders despite being previously
advised that this action may be dismissed for want of prosecution if he fails to comply with
a court order. Dismissal is therefore warranted under these circumstances.
Accordingly, the undersigned respectfully recommends that Petitioner’s action be
DISMISSED without prejudice pursuant to Rule 41(b).
Respectfully recommended on March 2, 2026.
____________________________
Julie K. Hampton
United States Magistrate Judge
Case 6:25-cv-00062 Document 13 Filed 03/02/26 in TXSD Page 2 of 3

3 / 3
NOTICE TO PARTIES
The Clerk will file this Memorandum and Recommendation and transmit a copy to
each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of
the Memorandum and Recommendation, a party may file with the Clerk and serve on the
United States Magistrate Judge and all parties, written objections, pursuant to Fed. R.
Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District
Court for the Southern District of Texas.
A party’s failure to file written objections to the proposed findings, conclusions,
and recommendation in a magistrate judge’s report and recommendation within
FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon
grounds of plain error, from attacking on appeal the unobjected-to proposed factual
findings and legal conclusions accepted by the district court. Douglass v. United Servs.
Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996)(en banc).
Case 6:25-cv-00062 Document 13 Filed 03/02/26 in TXSD Page 3 of 3