Garcia v. Garcia et al

Filing 21

ORDER by Magistrate Judge Stephan M. Vidmar STRIKING Post-Dismissal Filings and DIRECTING the Clerk as ordered herein. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID ISAAC GARCIA,
Plaintiff,
v.

No. 16-cv-1407 WJ/SMV

JASON GARCIA, FNU CHAVIRA,
FNU ALIMON, JOHN DOE,
Defendants.
ORDER STRIKING POST-DISMISSAL FILINGS
THIS MATTER is before the Court on the December 18, 2019 letter to the Court from
Plaintiff, David Isaac Garcia [Doc. 20]. The Court will strike Plaintiff Garcia’s post-dismissal
filings and will direct Plaintiff Garcia that in order to open a new case, he must file a new
complaint.
This case was dismissed without prejudice by the District Judge on June 15, 2017.
[Doc. 13]. The dismissal Order constituted a final order of dismissal of all claims and had the
effect of closing the case. See Fed. R. Civ. P. 41(b). The Court’s June 15, 2017 Order was without
prejudice, meaning that Plaintiff was permitted to refile his claims. However, in order to refile his
claims, Plaintiff must open a new case by filing a new complaint. Fed. R. Civ. P. 3.
Plaintiff has not submitted a new complaint to the Court, and his post-dismissal filings in
this case are of no effect because the case is closed. Therefore, the Court will strike his
post-dismissal filings [Docs. 15, 16, 17, 18, 19, 20]. If Plaintiff wishes to proceed forward on any
claim, he must submit a new complaint in proper form under 42 U.S.C. § 1983 and either pay the

filing fee or submit an application to proceed without prepayment of fees or costs under 28 U.S.C.
§ 1915.
IT IS ORDERED that:
(1) Plaintiff’s post-dismissal filings in this case [Doc. 15, 16, 17, 18, and 19] be STRUCK;
(2) If Plaintiff wishes to proceed on civil rights claims, he must submit a new complaint
in proper form under 42 U.S.C. § 1983, and pay the filing fee or submit an application to proceed
without prepayment of fees or costs under 28 U.S.C. § 1915; and
(3) The Clerk of the Court send Plaintiff a form civil rights complaint under 42 U.S.C.
§ 1983 and a long form application to proceed without prepayment of fees or costs under 28 U.S.C.
§ 1915.
IT IS SO ORDERED.

____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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