Terrance Phillips v. Oramadike, et al.

Summary

The Southern District of Texas dismissed Terrance Phillips’s pro se civil action without prejudice for want of prosecution after an order for a more definite statement was returned as undeliverable. The court found that Phillips failed to maintain a current address as required by the local rules and advised that relief could be sought under Federal Rule of Civil Procedure 60(b) upon a proper showing.

Holdings

1. A district court may sua sponte dismiss an action for want of prosecution when a pro se plaintiff fails to provide a current valid address and thereby fails to comply with a court order and pursue the action.
2. The action was dismissed without prejudice for want of prosecution, subject to possible relief upon a proper Rule 60(b) showing.

Questions Presented

1. Whether the court could dismiss the action sua sponte for want of prosecution after the plaintiff failed to maintain a current address and failed to comply with an order for a more definite statement.
2. Whether dismissal without prejudice was appropriate under Federal Rule of Civil Procedure 41(b) and the court's inherent docket-management authority.

Disposition

dismissed