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Jurisdiction: Texas Southern District Courts
Decision Date: 4/8/2016

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Phillips v. Mossbarger Phillips v. Mossbarger (S.D. Tex., 2016)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CLIFFORD PHILLIPS, Plaintiff,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        WARDEN MOSSBARGER, et al Defendants.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIVIL ACTION NO. 3: 13-CV-292

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ENTERED: April 11, 2016April 8, 2016

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CLIFFORD PHILLIPS, Plaintiff, v. WARDEN MOSSBARGER, et al Defendants.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIVIL ACTION NO. 3: 13-CV-292

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ENTERED: April 11, 2016April 8, 2016

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER OF DISMISSAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The Plaintiff, Clifford Phillips, filed this action under 42 U.S.C. § 1983, alleging violations of his civil rights. On August 19, 2015, the Court mailed a notice to Phillips at his address of record (Dkt. 17). On August 31, 2015, the order was returned to the Court marked "Unable to Forward" with a note on the envelope indicating that Phillips has been discharged (Dkt. 18). Because a search for Phillips on the Texas Department of Criminal Justice website yields nothing, the Court assumes that Phillips has been released.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Parties, including those proceeding pro se bear the burden of advising the Court of address changes. See Southern District of Texas Local Rule 83. 4. As the Fifth Circuit has succinctly phrased it:

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The failure to inform the Court of an address change can result in the dismissal of an action for want of prosecution. Carey v. King 856 F.2d 1439, 1441 (9thCir. 1988). Phillips's failure to give the Court his new address for a period of at least eight months leads the Court to conclude that Phillips either is not exercising due diligence to prosecute this case or no longer wishes to pursue it. Moreover, any sanction short of dismissal would be futile at this point because there is no way to correspond with Phillips to tell him about it. Id.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The Court may dismiss this action for want of prosecution under the inherent powers necessarily vested in a district court to manage its own affairs—FED. R. CIV. P. 41(b); McCullough v. Lynaugh 835 F.2d 1126 1127 (5th Cir. 1988)—and it will now do so.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                This case is DISMISSED without prejudice for want of prosecution. This is a FINAL JUDGMENT.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                It is so ORDERED.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The Clerk will provide a copy of this order to the parties.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SIGNED at Galveston, Texas, on April 8 2016.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/_________        GEORGE C. HANKS, JR.         UNITED STATES DISTRICT JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cites
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir., 1988)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1988-01-20 Citations: 5
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Notes

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