Schwenk v. McKinley County Detention Center et al

Filing 4

ORDER OF DISMISSAL by District Judge Kea W. Riggs. Plaintiff's 1 Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) and his 2 Motion to Proceed In Forma Pauperis is DENIED AS MOOT. The Court will enter a separate judgment disposing of this civil case. (ve)

Case 1:22-cv-00846-KWR-GBW Document 4 Filed 01/17/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

MARC ERIC SCHWENK,
Plaintiff,
v.

No. 1:22-cv-00846-KWR-GBW

CIBOLA COUNTY
CORRECTIONAL CENTER, et al,
Defendants.
ORDER OF DISMISSAL
THIS MATTER is before the Court following Plaintiff’s failure to cure deficiencies in
connection with his Civil Rights Complaint (Doc. 1) (Complaint). Plaintiff is incarcerated and
proceeding pro se. He filed a Motion to Proceed In Forma Pauperis along with his Complaint,
but he did not submit a six-month inmate account statement. See Doc. 2. Such statement is
required by statute. Section 1915 of Title 28 requires inmates who wish to proceed in forma
pauperis to submit a “certified copy of the trust fund account statement … for the 6-month period
immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a). By an Order entered
November 30, 2022, the Court directed Plaintiff to file his account statement within thirty days.
See Doc. 3. The Order warned that if Plaintiff fails to timely comply, this case may be dismissed
without further notice.
The cure deadline was December 30, 2022. Plaintiff did not comply, show cause for such
failure, or otherwise respond to the Order. Accordingly, the Court will dismiss the Complaint
pursuant to Fed. R. Civ. P. 41(b) for “failure to prosecute [and] comply with the … court’s orders.”
Olsen v. Mapes, 333 F.3d 1199, 1204 n. 3 (10th Cir. 2003). The Court will also deny as moot the

Case 1:22-cv-00846-KWR-GBW Document 4 Filed 01/17/23 Page 2 of 2

pending Motion to Proceed In Forma Pauperis (Doc. 2).
IT IS ORDERED that Plaintiff’s Civil Rights Complaint (Doc. 1) is DISMISSED
WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b); his Motion to Proceed In Forma
Pauperis (Doc. 2) is DENIED AS MOOT; and the Court will enter a separate Judgment disposing
of this civil case.
IT IS SO ORDERED.

…………………………………………_.
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

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