Tortalita v. Geisen et al

Filing 17

ORDER TO SHOW CAUSE by Magistrate Judge Kevin R. Sweazea. Petitioner shall show cause as to why Respondent Chicharello should not be dismissed from this action. Show Cause Response due by 12/1/2017. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

DAVID TORTALITA,
Petitioner
vs.

1:17-cv-00684-RB-KRS

TODD GEISEN, CAPTAIN/WARDEN
Bureau of Indian Affairs, Office of Justice Services,
Division of Corrections
And
TIMOTHY BAILON, Tribal Official, Kewa Pueblo,
Individual and Official Capacity, and
ROGER CALABAZA, Tribal Official, Kewa Pueblo,
Individual and Official Capacity, and
FREDERIC REANO, Tribal Official, Kewa Pueblo,
Individual and Official Capacity, and
LOUIS TORTALITA, Tribal Official, Kewa Pueblo,
Individual and Official Capacity, and
VINCENT AGUILAR, Tribal Official, Kewa Pueblo,
Individual and Official Capacity, and
EARL CHICHARELLO, BIA Federal Officer #864, Bureau of Indian Affairs, Southern Pueblos
Agency, Office of Justice Services,
Respondents.

ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte following a review of Respondent
Geisen’s Answer to Petition for Writ of Habeas Corpus [Doc. No. 6]. Included in Respondent
Geisen’s answer is the allegation that Respondent Chicharello should be dismissed from this
action on the ground that he is an improper party. [Doc. No. 6, pp. 5-6]. Petitioner has neither
responded to this allegation nor effectuated service upon Mr. Chicharello. The latter is in
violation of Fed. R. Civ. P. 4(m).
IT IS, THEREFORE, ORDERED that on or before December 1, 2017, Petitioner shall

file a response to this Order showing cause why Respondent Chicharello should not be dismissed
from this action. Petitioner is hereby notified that failure to respond to this Order may result in
Respondent Chicharello’s dismissal from this case without prejudice and without further notice.
IT IS SO ORDERED.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE