Raphoz v. Fenn et al
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
JONATHAN STUEF, and
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff's failure to timely file an
amended complaint and pay the filing fee.
United States Magistrate Judge John F. Robbenhaar notified Plaintiff that his Complaint
should be dismissed for failure to state a claim upon which relief can be granted and for lack of
jurisdiction because the Complaint does not state what Defendants did, why Plaintiff is entitled to
relief, or the grounds for the Court's jurisdiction. See Order, Doc. 6, filed June 22, 2021.
"Plaintiff informed the Clerk's Office that he filed his IFP Motion in error and that he
intends to pay the filing fee." Doc. 6 at 2.
Judge Robbenhaar ordered Plaintiff to file an amended complaint and pay the filing within
21 days and notified Plaintiff that failure to timely file an amended complaint or timely pay the
filing fee may result in dismissal of this case. See Doc. 6.
Plaintiff did not file an amended complaint in response to Judge Robbenhaar's Order1 or
pay the filing fee by the July 13, deadline.
1 Plaintiff filed his original Complaint on June 16, 2021. On June 16, 2021, before Judge Robbenhaar ordered
IT IS ORDERED that this case is DISMISSED without prejudice.
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
Plaintiff to file an amended complaint, Plaintiff mailed a slightly amended complaint to the Clerk which was
docketed on June 28, 2021, as an Amended Complaint, see Doc. 8. The Amended Complaint fails to state a claim.
Plaintiff has not filed an amended complaint in response to Judge Robbenhaar's Order.
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