Armstrong v. State of New Mexico et al

Filing 2

ORDER to Cure Deficiencies by Magistrate Judge Jerry H. Ritter. Cure Deficiencies by 3/23/2021. (cd)

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Case 1:21-cv-00080-JCH-JHR Document 2 Filed 02/16/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO RALPH D. ARMSTRONG, Plaintiff, v. No. 21-cv-080 JCH-JHR STATE OF NEW MEXICO, et al, Defendants. ORDER TO CURE DEFICIENCIES This matter is before the Court on Plaintiff Ralph Armstrong’s pro se Notice of Claim (Doc. 1). The Notice alleges Defendants violated Plaintiff’s due process rights in connection with a parole hearing. The Notice appears to refer to damages for wrongful incarceration, but it does not contain a specific request for relief. The proper avenue for raising a constitutional violation is a civil rights complaint under 42 U.S.C. § 1983. The Clerk’s Office will mail Plaintiff a blank § 1983 complaint, which he should complete and return within thirty (30) days of entry of this Order. By that same deadline, Plaintiff must also prepay the $402 filing fee or, alternatively, file a motion to proceed in forma pauperis. All filings must include the case number (21-cv-080 JCHJHR). If Plaintiff fails to timely refile his claims on the proper § 1983 form and address the filing fee, the Court will dismiss this action without further notice. IT IS ORDERED that within thirty (30) days of entry of this Order, Plaintiff shall: (1) refile his claims on the § 1983 form complaint; and (2) either prepay the $402 filing fee or, alternatively, file a motion to proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk’s Office shall MAIL Plaintiff a form § 1983 Case 1:21-cv-00080-JCH-JHR Document 2 Filed 02/16/21 Page 2 of 2 complaint and a form motion to proceed in forma pauperis. ___________________________________________ UNITED STATES MAGISTRATE JUDGE 2

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