Albert v. Harris County Sheriff Office et al, No. 4:2016cv00546 - Document 10 (S.D. Tex. 2016)

Court Description: MEMORANDUM AND OPINION. The case is DISMISSED for failure to comply and for want of prosecution. The request for appointment of counsel 9 is DENIED. (Signed by Judge Lee H Rosenthal) Parties notified. (wbostic, 4)

Download PDF
Albert v. Harris County Sheriff Office et al Doc. 10 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BRIAN ALBERT, (SPN #02206687) Plaintiff, vs. HARRIS COUNTY SHERIFF'S OFFICE, et al., Defendants. § § § § § § § § § § § § August 31, 2016 David J. Bradley, Clerk CIVIL ACTION NO. H-16-0546 MEMORANDUM AND OPINION The plaintiff, Brian Albert, has not responded to this court's July 13, 2016, order requiring him to submit by August 22, 2016 a more definite statement of the facts on which his complaint is based. (Docket Entry No. 8). The court's order warned Mr. Albert that "[:fJailure to comply as directed may result in the dismissal of this action." Mr. Albert filed a letter on August 22, 2016, stating that the order would simply make him repeat his original complaint and refusing to comply. (Docket Entry No. 9). This is insufficient, both in terms of the failure to comply with the court's order and in failing to provide information the court needs to evaluate the claims. The case is dismissed for failure to comply and for want of prosecution. See FED. R. CIV. P. 41(b); Linkv. Wabash R.R., 370 U.S. 626 (1962); Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir. 1995); 8 JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE§ 41.51(3)(b) & (e) (3d ed. 2016). Upon a proper showing, relief from this order may be granted under FED. R. CIV. P. 60(b). See Link, 370 U.S. at 635. The request for appointment of counsel is denied. (Docket Entry No.9). P:\CASES\prisoner-habcas\2016\16-0546.d02.wpd Dockets.Justia.com SIGNED on August 29,2016, at Houston, Texas. ~ )J @ ,.:s------.. Lee H. Rosenthal United States District Judge P:\CASES\prisoner-habcas\2016\16...0546.d02.wpd 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.