Benyi v. La Posada et al

Filing 4

ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales. (tah)

Case 2:20-cv-01244-KG-KBM Document 4 Filed 01/08/21 Page 1 of 2

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

JOHN JOSEPH BENYI,
Plaintiff,
v.

Civ. No. 20-1244 KG-KBM

LA POSADA, et al,
Defendants.

ORDER OF DISMISSAL
This matter is before the Court following Plaintiff’s failure to prosecute this action.
Plaintiff is incarcerated and pro se. He initiated this action on November 30, 2020, by filing a
Civil Rights Complaint and Motion to Proceed In Forma Pauperis. (Docs. 1, 2). By an Order
entered December 7, 2020, the Court granted the motion and directed Plaintiff to make an initial
partial payment of $8.74. (Doc. 3) at 1. Such payment is required by statute. See 28 U.S.C. §
1915(b). The amount represents 20% of the greater of Plaintiff’s average monthly deposits or
average monthly balance for the six-month period preceding this action. Id. The Order warned
that the failure to timely comply will result in the dismissal of this case without further notice.
The deadline to make the initial partial payment was January 6, 2021. Plaintiff did not comply or
otherwise respond to the Order. Hence, the Court will dismiss this case without prejudice
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:

Case 2:20-cv-01244-KG-KBM Document 4 Filed 01/08/21 Page 2 of 2

1. Plaintiff’s Civil Rights Complaint (Doc. 1) is dismissed without prejudice to refiling;
and
2. The Court will enter a separate judgment closing the civil case.

_________________________________
UNITED STATES DISTRICT JUDGE

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