Qamar v. Wells Fargo Bank, N.A.

• Court: District Court, S.D. Texas
• Decided: October 27, 2023
• Docket: 4:19-cv-01744
• Status: Unknown

Opinion

□ Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT October 27. 2023 FOR THE SOUTHERN DISTRICT OF TEXAS Nath HOUSTON DIVISION athan Ochsner, Clerk

MUHAMMAD QAMAR, § Plaintiff, § v. § CIVIL ACTION NO. 4:19-CV-01744 SPECIALIZED LOAN SERVICING LLC, § Defendant. § ORDER OF DISMISSAL Plaintiff Muhammad Qamar initiated this civil case on May 10, 2019, against Wells Fargo Bank, N.A., Specialized Loan Servicing LLC, U.S. Bank Trust, N.A., and Caliber Home Loans, Inc. Plaintiff voluntarily dismissed Defendants U.S. Bank Trust, N.A. and Caliber Home Loans, Inc. on July 22, 2019, and then Defendant Wells Fargo Bank, N.A. on October 14, 2019. This case has been pending for over four years and service has never been effectuated on the last remaining Defendant, Specialized Loan Servicing LLC. A district court has the inherent authority to dismiss sua sponte a case for want of prosecution. FED. R. CIV. P. 41(b); Link v. Wabash Railroad Co., 370 U.S. 626, 630-33 (1962). This power is necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases. See Jones v. Caddo Parish School Board, 704 F.2d 206, 214 (Sth Cir. 1983); Hejl v. State of Texas, 664 F.2d 1273, 1274~75 (Sth Cir.), cert. denied, 456 U.S. 933 (1982). Plaintiff Muhammad Qamar failed to properly serve the remaining Defendant under Federal Rule of Civil Procedure 4. Therefore, the Court hereby dismisses this action without prejudice for want of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. SIGNED this 27th day of October 2023. | | | Andrew S. Hanen United States District Judge