McNary v. Corrections Corporation of America et al
Filing
10
ORDER TO SHOW CAUSE by Magistrate Judge Gregory J. Fouratt. Show Cause Response due by 1/3/2018. (kdj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
DOMINIQUE MCNARY,
Plaintiff,
v.
Civ. No. 17-614 MCA/GJF
CORRECTIONS CORPORATION OF
AMERICA, CORIZON MEDICAL,
FNU BAINES, FNU SARACINO,
Defendants.
ORDER TO SHOW CAUSE
This matter is before the Court sua sponte. The record reflects that a recent mailing to
Plaintiff Dominique McNary was returned as undeliverable with the notation that Plaintiff has
been “Discharged.” ECF No. 9. It appears that Plaintiff has been released from custody or
transferred without advising the Court of her new address, as required by D.N.M.LR-Civ. 83.6,
thus severing contact with the Court. Because Plaintiff has failed to comply with the Court’s
local rules, she will be required to show cause why her civil rights complaint should not be
dismissed. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980) (“It is incumbent on
litigants, even those proceeding pro se, to follow the federal rules of procedure. The same is true of
simple, nonburdensome local rules . . . .” (citation omitted)). Failure timely to comply with this
order may result in the dismissal of this action without prejudice without further notice. 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, within twenty-one (21) days from entry of this
order, Plaintiff shall notify the Clerk of the Court in writing of her current address or otherwise
show cause why her civil rights complaint should not be dismissed.
IT IS SO ORDERED.
________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
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