Lebreton v. Siler et al

Filing 7

ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
L. LISA LEBRETON,
Plaintiff,
vs.

Civ. No. 17-841 KG/KBM

JAMIE G. SILER, THOMAS D.
BASMAJIAN, LARRY J. MONTANO,
and ROBERT KLEIN,
Defendants.
ORDER OF DISMISSAL
This matter comes before the Court upon the Magistrate Judge’s Order to Show Cause,
filed August 18, 2017. (Doc. 4). The Magistrate Judge found that although pro se “Plaintiff
checked the ‘Diversity’ box on the Civil Cover Sheet as a basis for jurisdiction, the Complaint is
devoid of any allegations regarding the citizenship of parties.” Id. at 3. The Magistrate Judge
further found that Plaintiff “has filed a pleading so lacking in factual allegations that it fails” to
state a plausible claim for relief. Id. (quoting Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th
Cir. 2008) (“[T]o withstand a motion to dismiss, a complaint must contain enough allegations of
fact ‘to state a claim to relief that is plausible on its face.’” (citation omitted)). Consequently, the
Magistrate Judge ordered that, no later than August 28, 2017, Plaintiff must show “cause why
this action should not be dismissed for lack of jurisdiction.” Id. at 4. The Magistrate Judge
cautioned Plaintiff “that failure to so respond by that deadline will likely result in dismissal of
this action.” Id.

Plaintiff did not timely respond to the Order to Show Cause and, instead, filed a “notice”
on September 13, 2017, stating that she intends to file an amended claim.1 (Doc. 5). This
“notice” does not explain why this action should not be dismissed for lack of jurisdiction and, in
fact, does not specify at all how she intends to amend her claim. This “notice” does not provide
either a timely or sufficient showing of cause under the Order to Show Cause.
IT IS, THEREFORE, ORDERED that this cause of action is dismissed without prejudice
for failure to establish jurisdiction and for failure to state a plausible claim for relief.

________________________________
UNITED STATES DISTRICT JUDGE

1

While it has been approximately a month since Plaintiff filed her “notice,” she has yet to file an
amended claim.
2