Burke v. Dona Ana County Detention Center et al

Filing 30

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff Kenneth Burke's show-cause response is due no later than June 12, 2018. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KENNETH BURKE,
Plaintiff,
v.

No. 18-cv-0261 MV/SMV

DOÑA ANA COUNTY DETENTION CENTER,
ENRIQUE VIGIL, KEN MIYAGISHIMA,
KASANDRA GANDARA, GREG SMITH,
GABRIEL VASQUEZ, JACK EAKMAN, GILL SORG,
YVONNE FLOREZ, ARAMARK FOOD SERVICE,
and FNU LNU,
Defendants.
ORDER TO SHOW CAUSE
This matter is before the Court sua sponte. The record reflects that certain mailings to
Plaintiff Kenneth Burke were returned as undelivered [Docs. 25–28]. It appears that Plaintiff has
been transferred or released from custody without advising the Court of his new address, as
required by D.N.M.LR-Civ. 83.6, thus severing contact with the Court. Because Plaintiff has
failed to comply with the Court’s local rules, he will be required to show cause why this action
should not be dismissed. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980) (“It is
incumbent on litigants, even those proceeding pro se, to follow the federal rules of procedure.
The same is true of simple, nonburdensome local rules . . .” (citation omitted)). Failure to
comply with this Order may result in dismissal without further notice.
IT IS THEREFORE ORDERED that, within 21 days from entry of this Order, Plaintiff
must notify the Clerk in writing of his current address or otherwise show cause why this action
should not be dismissed.
____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge