Gabaldon v. US Security Associates Inc. et al

Filing 4

MEMORANDUM OPINION AND ORDER dismissing 1 Complaint by District Judge James O. Browning. (vv)

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

No. CIV 18-0522 JB\JHR

U S SECURITY ASSOCIATES, INC. and
WALMART SUPERCENTER,
Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on the Complaint, filed June 6, 2018 (Doc. 1).
Plaintiff David A. Gabaldon proceeds 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 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 Complaint, filed June 6, 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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