Garcia-Esparza v. City of Aztec et al

Filing 26

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's show-cause response is due by June 7, 2019. Further, the Clerk is DIRECTED to mail this order to Plaintiff at both his address of record and his sister's address. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANGEL GARCIA-ESPARZA,
Plaintiff,
v.

No. 18-cv-0078 MV/SMV

CITY OF AZTEC, SAN JUAN COUNTY,
JOE GONZALES, TY ATENCIO,
WILLIAM ANDERSON, FNU HARVEL,
FNU WEBB, FNU DOUGEANT, DESIREE LNU,
and TERESA LNU,
Defendants.
ORDER TO SHOW CAUSE
THIS MATTER comes before the Court sua sponte in connection with Plaintiffs’ Civil
Rights Complaint [Doc. 4], which was filed on January 24, 2018. It appears that Plaintiff has
been released from custody without providing a new address, as required by D.N.M.LR-Civ. 83.6.
The state criminal docket reflects Plaintiff received a time-served sentence on April 17, 2019. See
Judgment and Order in case no. D-1116-CR-2018-0029. In addition, Plaintiff’s name does not
appear on the NMDOC Offender Search website, https://search.cd.nm.gov/index.html.

The

Court will require Plaintiff to notify the Clerk of his new address or show cause why this action
should not be dismissed without prejudice. 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 timely comply with this Order will result in dismissal of this action without prejudice.

IT IS ORDERED that no later than June 7, 2019, Plaintiff notify the Clerk in writing of
his current address or show cause why this action should not be dismissed.
IT IS FURTHER ORDERED that the Clerk of Court MAIL a copy of this order to
Plaintiff at his address of record and additionally MAIL a second copy to Plaintiff in care of his
sister, Paola E. Garcia at 1114 W. Aztec Blvd. #24 in Aztec, New Mexico 87410. See [Doc. 16].
IT IS SO ORDERED.

____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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