Opinion

Brown v. Lumpkin

Court
District Court, S.D. Texas
Filed
Dec 18, 2023
Cited by
0 cases
Authority
More cited than 32.0%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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