Chernoff v. Carter

Filing 6

MEMORANDUM OPINION AND ORDER OF DISMISSAL by Chief District Judge William P. Johnson. (meq)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LEE JOSEPH CHERNOFF,

No. 18cv417 WJ/KK

Plaintiff,

Consolidated with:

v.

No. 18cv418 WJ/KK
No. 18cv419 WJ/KK
No. 18cv420 WJ/KK
No. 18cv421 WJ/KK
No. 18cv422 WJ/KK

WILLIAM LEE CARTER et al.,
Defendants.

MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on Plaintiff’s failure to file an amended
complaint. Plaintiff, who is proceeding pro se, initiated six cases on May 2, 2018, against
various Defendants. Because the Complaints in each of the cases contained identical factual
allegations, the Court consolidated the cases.

In addition to his civil rights claims, the

Complaints assert general conspiracy claims and claims under the Racketeer Influenced and
Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968.

The Court dismissed the

Complaints, some for failure to state a claim, some because the Defendants are immune from
suits for damages, and some because the claims are barred by the statute of limitations. See Doc.
5, filed May 10, 2018. The Court granted Plaintiff leave to file an amended complaint. Plaintiff
did not file an amended complaint by the May 31, 2018, deadline. The Court therefore dismisses
these cases without prejudice.
IT IS SO ORDERED.

______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE