Pike v. Marcantel et al
ORDER TO SHOW CAUSE by Chief Magistrate Judge Karen B. Molzen. Show Cause Response due by 1/18/2017. (KBM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GREGG MARCANTEL, ATTORNEY
GENERAL OF STATE OF NEW MEXICO,
ORDER TO SHOW CAUSE
This matter is before the Court, sua sponte. On November 10, 2016, the Court denied
Petitioner Steven Pike’s Application to Proceed in District Court Without Prepaying Fees or
Costs pursuant to 28 U.S.C. § 1915 and ordered Petitioner, within thirty days of the date of the
order, to pay the $5.00 filing fee or show cause for his failure to do so. [Doc. 4] The Court
warned Petitioner that “[f]ailure timely to pay the filing fee, or to show cause, may result in the
dismissal of this action without further notice.” [Doc. 4] The thirty-day deadline has expired
and Petitioner has not paid the $5.00 filing fee, shown cause for his failure to do so, or otherwise
responded to the Court’s Order Denying Motion To Proceed In Forma Pauperis.
Within thirty (30) days of the date of this Order, Petitioner must pay the $5.00 filing fee
or show cause why this action should not be dismissed. Petitioner’s failure to timely pay the
filing fee, or to show cause why this action should not be dismissed, may result in the dismissal
of this action without further notice. See Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir.
2003) (noting that Fed. R. Civ. P. 41(b) permits “courts to dismiss actions sua sponte for a
plaintiff’s failure to prosecute or comply with the rules of civil procedure or court’s orders.”).
IT IS THEREFORE ORDERED that, within thirty (30) days of the date of this Order,
Petitioner pay the $5.00 filing fee or show cause why this action should not be dismissed.
UNITED STATES CHIEF MAGISTRATE JUDGE
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