Opinion
Civil Action 4:23-cv-4443
12-18-2023
CHERELLE MOORE, (SPN #2794152) Plaintiff, v. DETENTION OFFICER LAWRENCE and DETENTION OFFICER LUCKETT, Defendants.
MEMORANDUM ON DISMISSAL
CHARLES ESKRIDGE, JUDGE
The complaint filed by Plaintiff Cherelle Moore is dismissed without prejudice for want of prosecution. Dkt 1.
Moore proceeds here pro se. She complains of the use of excessive force. She was an inmate of the Harris County Jail at the time of filing. The Clerk's notice to pro se litigant of case opening was returned as undeliverable because she's no longer at that location. Dkt 4. Online records also show that she's no longer confined there.
Notices are sent only to the address on file, and a pro se litigant is responsible for keeping the Clerk advised in writing of a current address. Local Rule 83.4. Moore hasn't provided the Clerk with an accurate, current address.
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 U.S. 626, 630-31 (1962); Clofer v Perego, 106 F.3d 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).
Relief under Rule 60(b) of the Federal Rules of Civil Procedure will be granted upon a proper showing. See Link, 370 U.S. at 635.
The civil action filed by Plaintiff Cherelle Moore is DISMISSED WITHOUT PREJUDICE for want of prosecution. Dkt 1. Her motion to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. Dkt 2.
Any other motions are DENIED AS MOOT.
SO ORDERED.