Campbell v. City of Albuquerque et al

Filing 9

MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez re 8 Memorandum Opinion and Order. IT IS ORDERED that this case is DISMISSED without prejudice. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALEXANDER S. CAMPBELL,
Plaintiff,
v.

No. 17cv892 MV/LF

CITY OF ALBUQUERQUE, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff Alexander S. Campbell’s
failure to timely file an amended complaint.
Plaintiff alleged that Defendants Macias and McKay, employees of the City of
Albuquerque Animal Welfare Department, issued three misdemeanor citations against Plaintiff.
See Complaint at 3, Doc. 1, filed August 30, 2017. Defendants Macias and McKay also filed a
criminal complaint against Plaintiff for the citations in Bernalillo County Metropolitan Court.
Plaintiff “was not properly serviced, was not summoned, nor given a citation,” and was not aware
of the citations or the criminal complaint. The Metropolitan Court issued an arrest warrant for
Plaintiff’s failure to appear in court. Plaintiff’s case has been pending in Metropolitan Court
since November 3, 2016. The Metropolitan Court judge presiding over the case has rescheduled
the trial date over six times due to “the failure of the City of Albuquerque to appear in court when
the Plaintiff has been ready for trail [sic].” Plaintiff alleged that Defendants violated his civil
rights by not giving him notice of the citations, prosecuting him without probable cause, and by
violating his right to a speedy trial.
The Court dismissed Plaintiff’s original Complaint without prejudice, granted Plaintiff
leave to file an amended complaint and notified Plaintiff that failure to timely file an amended

complaint may result in dismissal of this case without prejudice. See Doc. 8 at 6. Plaintiff did
not file an amended complaint by the February 16, 2018, deadline.
IT IS ORDERED that this case is DISMISSED without prejudice.

__________________________________
MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE

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