Truelson v. Ferguson

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HANS TRUELSON,
Plaintiff,
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vs. 	§ 	CIVIL ACTION NO. H-26-6962
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MATTHEW FERGUSON, 	§
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Defendant. 	§
MEMORANDUM OPINION AND ORDER
PlaintiffHans Truelson is a former inmate at the Harris County Jail. 	On
August 21, 2026, he filed what appears to be a civil-rights complaintunder42 U.S.C.
§ 1983 against one Matthew Ferguson. (Dkt. 1). He also filed a motion for leave to
proceed in forma pauperis. 	(Dkt. 2). 	On August 24, 2026, the Court struck the
complaint because it did not contain sufficient information for the Court to either
identifythe defendant or determine whether federal jurisdiction exists. (Dkt. 4). The
Court also denied the motion to proceed in forma pauperis because Truelson did not
answer questions 5, 6, or 8. 	(Id.). 	The Court granted Truelson thirty days in which
to file an amended complaint and a properlycompletedmotion to proceed informa
pauperis. (Id. at 2). 	The Court provided Truelson with the necessary forms for his
use and warned him that failing to comply within the time allowed would result in
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United States District Court
Southern District of Texas
ENTERED
October 09, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-06962 Document 5 Filed 10/09/26 in TXSD Page 1 of 3

dismissal of this action without further notice under Federal Rule of Civil Procedure
41(b ). 	(Id.).
Truelson has failed to file either an amended complaint or a properly
completed motion to proceed in forma pauperis, and his time to do so has now
expired. His failure to pursue this action forces the Court to conclude that he lacks
due diligence. Therefore, under the inherent powers necessarily vested in a court to
manage its own affairs, the Court determines that dismissal for want of prosecution
is appropriate. See FED. R. CN. P.41(b);Larsonv.Scott, 157F.3d 1030, 1031 (5th
Cir. 1998) (noting that a district court may sita sponte dismiss an action for failure
to prosecute or to comply with any court order).
Accordingly, the Court ORDERS as follows:
I. 	Truelson's civil-rights action, (Dkt. 	1), 	1s 	DISMISSED without
prejudice for want of prosecution.
2. 	Any pending motions are DENIED as moot.
3. 	Truelson is advised that upon a showing of good cause for failing to
comply with the Court's August 24 Order, relief from this Order may be granted
under Federal Rule of Civil Procedure 60(b ). Any motion under Rule 60(b) must be
accompanied by an amended complaint that complies with the Rules of Civil
Procedure and either payment of the $405 filing fee or a fully and properly
completed motion to proceed informa pauperis.
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The Clerk will provide a copy of this Order to the plaintiff.
SIGNED at Houston, Texas on ___Q_{l	__~-~-q~----' 2026.
aj~UNITED STATES DISTRICT JUDGE
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