Garcia v. Metropolitan Detention Center, et al.

Filing 32

ORDER OF DISMISSAL WITHOUT PREJUDICE by District Judge Kenneth J. Gonzales granting 30 Defendants' Motion to Dismiss. Defendants may file a motion for an award of attorneys' fees and costs no later than 7/13/2017. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSEPH GARCIA,
Plaintiff,
vs.

Civ. No. 16-1294 KG/CG

BERNALILLO COUNTY ex rel.
METROPOLITAN DETENTION CENTER, et al.,
Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE
On May 9, 2017, the Honorable United States Magistrate Judge Carmen E. Garza entered
an Order Granting Motion to Compel (Doc. 29) directing Plaintiff “to fully respond to
Defendants’ discovery requests. Failure to comply with this order may result in dismissal of this
action. Fed. R. Civ. P. 37(b)(2)(v).” Plaintiff did not respond to Defendants’ discovery requests.
Consequently, on May 16, 2017, Defendants filed a Motion to Dismiss for Failure to Comply
With Discovery Obligations (Motion to Dismiss) (Doc. 30). Plaintiff has failed to respond to
Defendants’ Motion to Dismiss. Plaintiff has also not filed any additional pleadings since
termination of his attorney on March 24, 2017. (Doc. 26).
This action will be dismissed without prejudice for three reasons. First, as previously
warned, Plaintiff’s failure to obey the Order Granting Motion to Compel now results in dismissal
of this action. Fed. R. Civ. P. 37(b)(2)(v). Second, Plaintiff’s failure to respond to the Motion to
Dismiss constitutes consent to grant the motion. D.N.M. LR-Cv 7.1(b). Finally, the Court has
the inherent power to dismiss an action for want of prosecution. Link v. Wabash R.R. Co., 370
U.S. 626, 629-30 (1962); Shotkin v. Westinghouse Electric Mfg. Co., 169 F.2d 825, 826 (10th
Cir. 1948); Fed. R. Civ. P. 41(b). For the above reasons,

IT IS ORDERED that
1. the Complaint (Doc. 1-1) is dismissed without prejudice; and
2. Defendants may file a motion for an award of attorneys’ fees and costs within 30 days
of the filing of this Order of Dismissal Without Prejudice.

___________________________________
UNITED STATES DISTRICT JUDGE