Lovato v. San Juan County Adult Detention Center
MEMORANDUM OPINION AND ORDER by District Judge Robert C. Brack DISMISSING 11 Response re 23 MOTION to Dismiss Ginger Wheeler. (yc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESUS P. LOVATO,
SAN JUAN COUNTY ADULT DETENTION
CENTER, BOARD OF COUNTY
COMMISSIONERS FOR SAN JUAN COUNTY,
ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter is before the Court, sua sponte. On May 2, 2018, the Court ordered Plaintiff
Jesus P. Lovato to show cause why his amended civil rights complaint (Doc. 11) should not be
dismissed, in light of his failure to inform the Court of his current mailing address as required by
the Local Civil Rules of the United States District Court for the District of New Mexico. (Doc.
21.) See also D.N.M. LR-Civ. 83.6. Plaintiff failed to file a written show cause response, but the
Court received information from Defendant Ginger Wheiler regarding a possible mailing address
for Plaintiff. Additionally, the Court conducted a search of the New Mexico Department of
Corrections’ online offender database, which revealed that at that time, Plaintiff was incarcerated
at the Central New Mexico Correctional Facility. In light of the information regarding Plaintiff’s
possible whereabouts, the Court afforded Plaintiff a second opportunity to show cause why his
amended civil rights complaint should not be dismissed for failure to comply with the Local
Civil Rules. (Doc. 26.) The Court warned Plaintiff that the failure to file a timely written show
Defendants San Juan County Adult Detention Center and Board of County Commissioners for San Juan County
have been dismissed. (Doc. 13.) Defendant Wheiler is the sole remaining Defendant.
cause response “may result in the dismissal of this action without prejudice without further
notice,” pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Id.)
Plaintiff’s written show cause response was due on or before July 3, 2018, but as of the
date of this opinion, Plaintiff has failed to file a written response or otherwise comply with the
Court’s orders. Therefore, Plaintiff’s amended civil rights complaint (Doc. 11) will be dismissed
without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Fed. R.
Civ. P. 41(b) (providing for involuntary dismissal “[i]f the plaintiff fails to prosecute or to
comply with these rules or a court order”); see also United States ex rel. Jimenez v. Health Net,
Inc., 400 F.3d 853, 855 (10th Cir. 2005) (noting that “dismissal is an appropriate disposition
against a party who disregards court orders and fails to proceed as required by court rules”).
IT IS THEREFORE ORDERED that Plaintiff’s amended civil rights complaint (Doc. 11)
is DISMISSED without prejudice; and judgment will be entered.
ROBERT C. BRACK
UNITED STATES DISTRICT JUDGE
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