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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TIM FM, Plaintiff, vs. No. CV 20-00781 MV/JHR UNITED STATES ATTORNEY GENERAL, Defendant.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER is before the Court sua sponte under Rule 41(b) of the Federal Rules of
Civil Procedure on the Complaint (Federal) filed by Plaintiff Tim Fm.1 (Doc. 1). The Court will
dismiss the Complain t without prejudice for fail ure to comply with a C ourt order and failure to
prosecute.
At the time the Complaint was filed, Tim Fm was a federal pretrial detainee at the Mercer
County Jail in Aledo, Illinois. (Doc . 1 at 4). Mailings to Plaintiff Tim Fm at his address of record
have been returned as undeliver ed. (Doc. 6, 7). A search of the Mercer County Jail records
indicates that Tim Fm is no longer incarcerated at the Mercer County Ja il. Similarly, no person
meeting the description of Tim Fm a ppears in a search of the Bureau of Prisons’ records. It appears
1 “Tim Fm” is the signature used by Plaintiff on his filings. (Doc. 1). The name appears to be a
pseudonym. However, the Court has used other identifying information to attempt to locate
Plaintiff. The Court is not di sclosing the identifying information in this Memorandum Opinion
because, based on Plaintiff’s filings, he may be a minor under the age of 18. Also, it does not appear that Plaintiff was charged, prosecuted, convicted, sentenced, or incarcerated in New
Mexico and it is unlikely that he is eligib le for any relief from a New Mexico court. Case 1:20-cv-00781-MV-JHR Document 8 Filed 02/22/21 Page 1 of 3
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that Tim Fm has been released from custody or transferred without notifying the Court of his
current address.
The Court issued an Order to Cure Deficien cy on January 14, 2021, di recting Plaintiff to
cure deficiencies in his filing w ithin 30 days. (Doc. 5). The Orde r to Cure Deficiency sent to
Plaintiff at his address of record was returned as undeliverable and indicated that he is no longer
at the Mercer County Jail. (Doc . 7). Plaintiff has not complied with the Court’s January 14, 2021
Order and has not communicated with the C ourt since January 11, 2021. (Doc. 4).
Pro se litigants are required to follow th e federal rules of procedure and simple,
nonburdensome local rules. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980). The
local rules require litigants, including prisoners, to keep the Court apprised of their proper mailing
address and to maintain contact w ith the Court. D.N.M. LR-Civ. 83.6. Plaintiff Tim Fm has failed
to comply with Local Rule 83.6 and with the C ourt’s January 14, 2021 Order to Cure Deficiency.
Plaintiff Tim Fm has also failed to prosecute th is action by not keeping th e Court apprised of his
current address. The Court may dismiss an acti on under Rule 41(b) of the Federal Rules of Civil
Procedure for failure to prosecute, to comply with the rules of pro cedure, or to comply with court
orders. See Olsen v. Mapes, 333 F.3d 1199, 1204, n. 3 (10th Cir. 2003). Therefore, the Court will
dismiss this civil procee ding pursuant to Rule 41(b) for failure to comply with the Court’s Order
and failure to prosecute this proceeding.
Also pending before the Court are the Applic ation to Proceed in Di strict Court Without
Prepayment of Fees or Costs (Doc. 3) and Motio n for Preliminary Injunction (Doc. 4). The Court
denies the pending motions as moot in light of the dismi ssal of this proceeding.
Case 1:20-cv-00781-MV-JHR Document 8 Filed 02/22/21 Page 2 of 3
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IT IS THEREFORE ORDERED: (1) the Application to Proceed in District Cour t Without Prepayment of Fees or Costs (Doc.
3), and Motion for Preliminary Injunction (Doc. 4) are DENIED as moot; and
(2) the Complaint (Federal) filed by Plaintiff Tim Fm (Doc. 1) is DISMISSED without
prejudice under Rule 41(b) for failure to comply with the Court’ s order, failure to comply with the
rules of procedure, and failure to prosecute. ____________________________________
U N I T E D S T A T E S D I S T R I C T J U D G E
Case 1:20-cv-00781-MV-JHR Document 8 Filed 02/22/21 Page 3 of 3