Candelaria v. Board of County Commissioners

Filing 13

ORDER DISMISSING CASE by District Judge Margaret I. Strickland. (gri)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PAUL C. CANDELARIA,
Plaintiff,
v.

No. 23-cv-00807-MIS-JHR

THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY
OF BERNALILLO,
Defendant.

ORDER OF DISMISSAL
THIS MATTER is before the Court on a sua sponte review of the record.
Plaintiff Paul Candelaria commenced this case on by filing a civil complaint in the Second
Judicial District Court, Bernalillo County, New Mexico, on August 9, 2023. ECF No. 1-1.
Defendant removed the case to this Court on September 20, 2023. ECF No. 1. After mail sent to
Candelaria at his address of record was returned as undeliverable on October 18, 2023, the Court
entered an Order to Show Cause requiring him to provide a current address, as required by D.N.M.
LR-Civ. 83.6. ECF No. 10 (“Show Cause Order”). A copy of the Show Cause Order sent to
Candelaria was returned as undeliverable on March 4, 2024. ECF No. 12.
Candelaria did not respond to the Show Cause Order and the deadline expired on March
22, 2024. As he appears to have severed contact with the Court, this case shall be dismissed without
prejudice under 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).

IT IS THEREFORE ORDERED that this case is DISMISSED without prejudice, and a
separate judgment shall be entered herewith.

………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE

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