Shepherd v. HCSO

S.D. Texas

Shepherd v. HCSO

DecidedDecember 18, 2023

Docket4:23-cv-02853

StatusUnknown

This text of Shepherd v. HCSO (Shepherd v. HCSO) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shepherd v. HCSO, (S.D. Tex. 2023).

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Opinion

December 18, 2023 Nathan Ochsner, Clerk UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

STERLING SHEPHERD, § CIVIL ACTION NO (SPN #2567674) § 4:23-cv-02853 Plaintiff, § § § vs. § JUDGE CHARLES ESKRIDGE §

§ HARRIS COUNTY § SHERIFF'S OFFICE, § et al, § Defendants. § MEMORANDUM ON DISMISSAL Before the Court is a civil rights complaint under 42 USC § 1983 filed by Sterling Shepherd. He filed his original complaint in August 2023, complaining of violations of his civil rights at the Harris County Jail. The Clerk entered a notice of deficient pleading instructing plaintiff to file an application to proceed in forma pauperis or pay the filing fee of $402. He was advised that his complaint was otherwise subject to dismissal without prejudice for want of prosecution. He hasn’t complied. Under the inherent powers necessarily vested in a district court to manage its own affairs, this action is dismissed for want of prosecution. See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626, 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W. Moore, et al, 8 Moore’s Federal Practice § 41.51(3)(b) & (e) (Matthew Bender 3d ed 2017). The Court will grant relief upon a proper showing under Rule 60(b) of the Federal Rules of Civil Procedure. See Link, 370 US at 635. The civil action filed by Plaintiff Sterling Shepherd is DISMISSED WITHOUT PREJUDICE for want of prosecution. Dkt 1. His motion to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. Dkt 2. Any other pending motions are DENIED AS MOOT. SO ORDERED. Signed on December 18, 2023 | at Houston, Texas. Che 0 lcd = Hon. Charles Eskridge United States District Judge

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December 18, 2023 Nathan Ochsner, Clerk UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

STERLING SHEPHERD, § CIVIL ACTION NO (SPN #2567674) § 4:23-cv-02853 Plaintiff, § § § vs. § JUDGE CHARLES ESKRIDGE §

§ HARRIS COUNTY § SHERIFF'S OFFICE, § et al, § Defendants. § MEMORANDUM ON DISMISSAL Before the Court is a civil rights complaint under 42 USC § 1983 filed by Sterling Shepherd. He filed his original complaint in August 2023, complaining of violations of his civil rights at the Harris County Jail. The Clerk entered a notice of deficient pleading instructing plaintiff to file an application to proceed in forma pauperis or pay the filing fee of $402. He was advised that his complaint was otherwise subject to dismissal without prejudice for want of prosecution. He hasn’t complied. Under the inherent powers necessarily vested in a district court to manage its own affairs, this action is dismissed for want of prosecution. See FRCP 41(b); Link v Wabash Railroad Co, 370 US 626, 630–31 (1962); Clofer v Perego, 106 F3d 678, 679 (5th Cir 1997); James W. Moore, et al, 8 Moore’s Federal Practice § 41.51(3)(b) & (e) (Matthew Bender 3d ed 2017). The Court will grant relief upon a proper showing under Rule 60(b) of the Federal Rules of Civil Procedure. See Link, 370 US at 635. The civil action filed by Plaintiff Sterling Shepherd is DISMISSED WITHOUT PREJUDICE for want of prosecution. Dkt 1. His motion to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. Dkt 2. Any other pending motions are DENIED AS MOOT. SO ORDERED. Signed on December 18, 2023 | at Houston, Texas. Che 0 lcd = Hon. Charles Eskridge United States District Judge

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