The opinion
December 18, 2023
Nathan Ochsner, Clerk
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FRANK HENDERSON § CIVIL ACTION NO
BROWN, § 4:21–cv–00055
(TDCJ–CID #01980921) §
Plaintiff, §
§
§
vs. § JUDGE CHARLES ESKRIDGE
§
§
BOBBY LUMPKIN, §
et al, §
Defendants. §
MEMORANDUM ON DISMISSAL
The complaint filed by Plaintiff Frank Henderson
Brown is dismissed without prejudice for want of
prosecution. Dkt 1.
Brown proceeds here pro se. He alleges that
Defendants denied him due process and retaliated against
him. He was an inmate of the Texas Department of
Criminal Justice—Correctional Institutions Division,
Hughes Unit at the time of filing. He recently advised of
his transfer to the Goree Unit in April 2023. Dkt 16. Online
records show that he’s no longer 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. Brown 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 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(8)(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 US at 635.
The civil action filed by Plaintiff Frank Henderson
Brown is DISMISSED WITHOUT PREJUDICE for want of
prosecution. Dkt 1.
SO ORDERED.
Signed on December 18, 2023 , at Houston, Texas.
Hon. Charles Eskridge
United States District Judge