Kirby v. Judd et al
Filing
9
ORDER TO SHOW CAUSE by Magistrate Judge Gregory J. Fouratt. IT IS ORDERED that, within thirty (30) days from entry of this Order, Plaintiff shall notify the Clerk in writing of his current address or otherwise show cause why this action should not be dismissed. (mm)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
THERON KANE KIRBY,
Plaintiff,
vs.
Civ. No. 18-00017 KG/GJF
WARDEN BETTY JUDD,
et al.,
Defendants.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. The record reflects that certain mailings
to Plaintiff Theron Kane Kirby were returned as undelivered. See ECF No. 8. It appears that
Plaintiff has 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. Because
Plaintiff has failed to comply with the Court’s local rules, he will be required to show cause why
this action 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 to comply with this Order may result in dismissal without further notice.
IT IS THEREFORE ORDERED that, within thirty (30) days from entry of this Order,
Plaintiff shall notify the Clerk in writing of his current address or otherwise show cause why this
action should not be dismissed.
IT IS SO ORDERED.
_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
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