CHRIS HALCOMB v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE (TDCJ)

• Court: District Court, S.D. Texas
• Decided: December 29, 2025
• Docket: 4:25-cv-02281
• Status: Unknown

Opinion

Southern District of Texas ENTERED December 29, 2025 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHRIS HALCOMB, § § Plaintiff, § § VS. § CIVIL ACTION NO. 4:25-CV-02281 § TEXAS DEPARTMENT OF CRIMINAL § JUSTICE (TDCJ), § § Defendant. § ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, Chris Halcomb, filed this case under 42 USC 1983, alleging that the Texas Department of Criminal Justice incarcerated him longer than his sentence permitted. He has not paid the filing fee, nor has he submitted a motion for leave to proceed in forma pauperis. On August 4, 2025, the Clerk’s Notice of Deficient Pleading was returned to sender as “unclaimed” and “unable to forward.” See Doc. No. 9. To date, the plaintiff □□□ not updated his address to provide the Court with a current, valid address as required by Rule 83.4 of the Local Rules for the Southern District of Texas, Houston Division. Under that rule, a pro se litigant is responsible for keeping the Clerk advised in writing of his current address. The Court will only send notices to the address on file. The plaintiff has clearly failed to provide the Court with an accurate, current address. Plaintiffs failure to pursue this action leads the Court to conclude that he lacks due diligence. Therefore, under the inherent powers necessarily vested in a district court to 1/2

manage its own affairs, this Court determines that dismissal for want of prosecution is appropriate. See FED. R. Clv. 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 (Sth Cir. 1998) (noting that a district court

may sua sponte dismiss an action for failure to prosecute or to comply with any court order). The plaintiff is advised, however, that relief from this Order may be granted upon a

proper showing by filing a motion under Rule 60(b) of the Federal Rules of Civil Procedure within 30 days of this Order. At a minimum, a proper showing under Rule 60(b) includes full compliance with the Court’s previous notices or orders, including either paying the filing fee or submitting a properly supported motion to proceed in forma pauperis as directed, and providing the Court with a valid, updated address. Accordingly, based on the foregoing, 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 this C ey Gay of December 2025. NS ANDREW S.HANEN UNITED STATES DISTRICT JUDGE

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