May v. Dona Ana County Jail

Filing 22

ORDER OF DISMISSAL by District Judge Kea W. Riggs. Plaintiffs Prisoner Civil Rights Action 1 and 13 are DISMISSED without prejudice. (ve)

Case 2:18-cv-00126-KWR-LF Document 22 Filed 05/26/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BRANDON MAY,
Plaintiff,
v.

No. 18-cv-0126 KWR-LF

CORIZON MEDICAL, et al,
Defendants.
ORDER OF DISMISSAL
This matter is before the Court following Plaintiff’s failure to prosecute his prisoner civil
rights action. Defendant Dona Ana County removed this action to Federal Court on February 7,
2018. (Doc. 1). The Complaint alleged that prison officials were deliberately indifferent to
Plaintiff’s medical needs following a hand surgery.

(Doc. 1-1).

The Court (Hon. James

Browning) issued two screening decisions in this case, and Plaintiff filed various pro se responses
that amended or supplemented his claims. In the first screening opinion, the Court determined
Plaintiff failed to state a federal claim, but noted he may have a colorable negligence claim under
the New Mexico Tort Claims Act. (Doc. 12). Plaintiff amended the Complaint, but he again
failed to identify any “John/Jane Doe” medical providers or include allegations to support his state
law tort claims. (Doc. 13). On September 27, 2019, the Court issued a second opinion, which
only evaluated the claims as to Defendant Board of Dona Ana County Commissioners. (Doc. 19).
Based on this procedural posture, it is difficult to discern which claims and allegations
remain pending. To ensure proper review of each claim, the Court directed Plaintiff to file a
single, amended complaint that raises all claims and names all wrongdoers. (Doc. 21). The
Order again explained that the Court cannot adjudicate Plaintiff’s medical indifference claims until

Case 2:18-cv-00126-KWR-LF Document 22 Filed 05/26/20 Page 2 of 2

he names the individual wrongdoers. Plaintiff was warned that if failed to timely file an amended
complaint, the Court will dismiss the case without further notice. The deadline to amend was
May 22, 2020. Plaintiff did not comply or otherwise respond to the Order. Accordingly, the
Court will dismiss this action for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See Olsen
v. Mapes, 333 F.3d 1199, 1204 n. 3 (10th Cir. 2003) (“Rule 41(b) … has long been interpreted to
permit courts to dismiss actions sua sponte for a plaintiff's failure to prosecute or comply with the
… court’s orders.”).
IT IS ORDERED that Plaintiff’s Prisoner Civil Rights Action (Docs. 1-1, 13) is
DISMISSED without prejudice; and the Court will enter a separate judgment closing the civil
case.

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