Gabaldon v. Gonzalez

Filing 4

MEMORANDUM OPINION AND ORDER OF DISMISSAL by District Judge James O. Browning. (kg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID A. GABALDON,
Plaintiff,
vs.

No. CIV 18-0465 JB/KBM

UNITED STATES DISTRICT
JUDGE KENNETH GONZALES,
Defendant.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on a Letter from Plaintiff David A. Gabaldon
to the United States District Court of New Mexico (dated May 18, 2018), filed May 18, 2018
(Doc. 1)(“Complaint”). Gabaldon is pro se. The Honorable Martha Vázquez, United States
District Judge, imposed filing restrictions on Gabaldon, stating: “Plaintiff also will be enjoined
from initiating further litigation in this Court . . . unless either a licensed attorney who is
admitted to practice before this Court signs the pleading or Plaintiff first obtains permission to
proceed pro se.” Gabaldon v. Sedillo, No. 17-1106, Order Imposing Filing Restrictions at 2,
(D.N.M.), filed February 22, 2018 (Doc. 7)(italics in original). Because Gabaldon did not have a
licensed attorney who is admitted to practice before the Court to sign the Complaint and did not
take the required steps to obtain permission to proceed pro se, the Court will dismiss the
Complaint without prejudice pursuant to rule 41(b) of the Federal Rules of Civil Procedure. See
Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)(noting that rule 41(b) permits “courts
to dismiss actions sua sponte for a plaintiff’s failure to prosecute or comply with the rules of civil
procedure or court’s orders”).

IT IS ORDERED that: (i) the Letter from Plaintiff David A. Gabaldon to the United
States District Court of New Mexico (dated May 18, 2018), filed May 18, 2018 (Doc. 1), is
dismissed without prejudice; and (ii) Final Judgment will be entered.

________________________________
UNITED STATES DISTRICT JUDGE
Parties:
David A. Gabaldon
Albuquerque, New Mexico
Plaintiff pro se

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