Unreported / Non-Citable
Background
State inmate Wstin Calegon filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging a 2022 Harris County conviction for aggravated assault on a family member. He also sought leave to proceed in forma pauperis but did not submit the certified inmate trust-fund account statement required by 28 U.S.C. § 1915(a)(2).
The court ordered Calegon to pay the filing fee or submit a properly supported in forma pauperis motion by August 28, 2026, supplied the necessary forms, and warned that noncompliance would result in dismissal under Federal Rule of Civil Procedure 41(b). Calegon filed another deficient motion, and the court gave him an additional 30 days to provide the required account information, but he did not do so.
The Court’s Holding
The court dismissed Calegon’s habeas petition without prejudice for want of prosecution. It concluded that his failure to provide the required trust-fund information after repeated instructions and opportunities to comply demonstrated a lack of due diligence and justified dismissal under Rule 41(b) and the court’s inherent authority to manage its docket.
The court denied any pending motions as moot. It also advised Calegon that relief from the dismissal could be available under Rule 60(b) upon a showing of good cause for failing to comply with the court’s orders, provided that any such motion is accompanied by either the filing fee or a properly supported in forma pauperis motion with the required six-month trust-fund statement.
Key Takeaways
- A habeas petitioner seeking in forma pauperis status must provide the inmate financial information required by 28 U.S.C. § 1915(a)(2).
- A district court may dismiss an action sua sponte under Rule 41(b) when a litigant fails to prosecute the case or comply with court orders.
- Because the dismissal was without prejudice, Calegon may seek Rule 60(b) relief by showing good cause and curing the filing-fee deficiency.
Why It Matters
The decision underscores that procedural requirements apply even when a habeas petitioner proceeds without counsel. Repeated failure to submit required financial documentation can end the case before the court reaches the merits of the constitutional claims.
The order also preserves a potential path to reopening the proceeding: Calegon may seek relief by explaining his noncompliance and submitting the fee or complete indigency documentation.