McPherson v. Martinez et al
Filing
6
CASE MANAGEMENT ORDER by Magistrate Judge Gregory B. Wormuth denying 3 Motion for Status of Petition; denying 4 Second Motion for Status of Petition ; denying 5 Third Motion for Status of Petition. (ts)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID MICHAEL MCPHERSON,
Plaintiff,
v.
Civ. No. 18‐191 WJ/GBW
RICK MARTINEZ, et al.,
Defendants.
PRO SE PRISONER CASE MANAGEMENT ORDER
THIS MATTER is before the Court sua sponte. The Court has received and
docketed the Petition for Writ of Habeas Corpus filed pro se by Petitioner David
Michael McPherson. Doc. 1. Petitioner shall include the case number, CV 18‐00191
WJ/GBW, on all papers filed in this proceeding.
Petitioner must comply with the Rules Governing Section 2254 Cases and the
Federal Rules of Civil Procedure, the Local Rules of this Court, and any Order of the
Court. Failure to comply with the Rules or Court Orders may result in dismissal of this
case or other sanctions. Fed. R. Civ. P. 41(b); see, also Ogden v. San Juan County, 32 F.3d
452, 455 (10th Cir. 1994). Petitioner is obligated to keep the Court advised of any
changes in Petitioner’s mailing address. Failure to keep the Court informed of
Petitioner’s correct address may also result in dismissal of the case or other sanctions.
D.N.M. LR‐Civ. 83.6.
Because Petitioner is a prisoner proceeding pro se, the Court is obligated to
conduct a preliminary screening of the Petition. See Rule 4 of the Rules Governing
Section 2254 Proceedings. Whenever a prisoner brings a habeas corpus action, the Court
is obligated to screen the prisoner’s petition. Rule 4 provides:
If it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court, the judge must
dismiss the petition and direct the clerk to notify the petitioner.
Rule 4 of the Rules Governing Section 2254 Cases.
Any request to the Court for relief must be in the form of a motion. Fed. R. Civ.
P. 7(b). The filing of excessive motions may cause substantial delay in completion of the
Court’s preliminary screening and resolution of the case. Petitioner should avoid filing
unnecessary motions. Requests for service of process, discovery, and submissions of
proof are premature and unavailable prior to the Court’s completion of its screening
obligation. See Jones v. Bock, 549 U.S. 199, 213‐214 (2007); Rule 4 of the Rules Governing
Section 2254 Cases. If Petitioner’s Petition is not dismissed on initial screening, the
Court will enter further orders governing service of process, discovery, and scheduling.
Petitioner should not send any letters to the Court other than transmittal letters or
requests for information or copies. All mail relating to this case must be directed to the
Clerk of the Court. Petitioner is not to send any mail directly to the assigned District
Judge or the assigned Magistrate Judge.
2
IT IS THEREFORE ORDERED AS FOLLOWS:
(1) this Case Management Order shall govern proceedings in this case until
further order of the Court; and
(2) Petitioner David Michael McPherson’s Motion for Status of Petition, Second
Motion for Status of Petition, and Third Motion for Status of Petition (docs. 3, 4, 5) are
DENIED.
_____________________________________
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?