Kirby v. Judd et al
Filing
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MEMORANDUM OPINION AND ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales re: 1 Prisoner's Civil Rights Complaint. (tah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
THERON KANE KIRBY,
Plaintiff,
vs.
No. CV 18-00017 KG/GJF
WARDEN BETTY JUDD,
FNU LNU, and NEW MEXICO
DEPARTMENT OF CORRECTIONS,
Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER is before the Court sua sponte under Fed. R. Civ. P. 41(b) on the
Prisoner’s Civil Rights Complaint (“Complaint”) filed by Plaintiff Theron Kane Kirby on January
5, 2018 (Doc. 1). The Court will dismiss the Complaint without prejudice for failure to comply
with a Court order and failure to prosecute.
The record reflects that certain mailings to Plaintiff Theron Kane Kirby were returned as
undelivered (see Doc. 8, 10). It appeared that Plaintiff had been transferred or released from
custody without advising the Court of his new address, as required by D.N.M. LR-Civ. 83.6, thus
severing contact with the Court.
The Court then issued an Order to Show Cause on January 9, 2018, directing Kirby to
notify the Court of a new address, or otherwise show cause why the case should not be dismissed,
within 21 days of entry of the Order. (Doc. 9). More than 21 days has elapsed since entry of the
Order to Show Cause and Plaintiff Kirby has not provided the Court with a new address, responded
to the Court’s Order, or otherwise shown cause why the case should not be dismissed.
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Pro se litigants are required to follow the federal rules of procedure and simple,
nonburdensome local rules. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980). The
local rules require litigants, including prisoners, to keep the Court apprised of their proper mailing
address and to maintain contact with the Court. D.N.M. LR-Civ. 83.6. Plaintiff Kirby has failed
to comply with D.N.M. LR-Civ. 83.6 and with the Court’s January 9, 2019, Order to Show Cause.
Plaintiff Kirby has failed to comply with the Court’s order and failed to prosecute this
action by not keeping the Court apprised of his current address. The Court may dismiss an action
under Fed. R. Civ. P. 41(b) for failure to prosecute, to comply with the rules of civil procedure, or
to comply with court orders. See Olsen v. Mapes, 333 F.3d 1199, 1204, n. 3 (10th Cir. 2003).
Therefore, the Court will dismiss this civil proceeding pursuant to Rule 41(b) for failure to comply
with the Court’s Order and failure to prosecute this proceeding.
IT IS ORDERED that the Prisoner’s Civil Rights Complaint filed by Plaintiff Theron Kane
Kirby on January 5, 2018 (Doc. 1) is DISMISSED without prejudice under Fed. R. Civ. P. 41(b)
for failure to comply with the Court’s Order and failure to prosecute.
__________________________________
UNITED STATES DISTRICT JUDGE
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