United States District Court, D. New Mexico
DEON J. OLLISON, and LOYDALE KIRVEN, Plaintiffs,
CURRY COUNTY DETENTION CENTER, TRINITY FOOD GROUP, FNU GALLEGOS, ANGELICA KELLY, Defendants.
Ollison Clovis, New Mexico Plaintiff Pro Se
Charles Kirven Clovis, New Mexico Plaintiff Pro Se
Loydale Kirven Clovis, New Mexico Plaintiff Pro Se
Brown Clovis, New Mexico Plaintiff Pro Se
Garcia Clovis, New Mexico Plaintiff Pro Se
MEMORANDUM OPINION AND ORDER OF DISMISSAL
MATTER comes before the Court under rule 41(b) of
the Federal Rules of Civil Procedure on the Amended Complaint
for Violation of Civil Rights, filed November 28, 2018 (Doc.
4)(“Amended Complaint”). The Court will dismiss
the Amended Complaint without prejudice for failure to comply
with Court orders, rules, and statutes, and for failure to
prosecute this proceeding.
LAW REGARDING CONTACT WITH THE COURT AND RULE
litigants are required to follow the Federal Rules of Civil
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 with the Court. See
D.N.M. LR-Civ. 83.6. The Court may dismiss an action under
rule 41(b) for failure to prosecute, to comply with the rules
of civil procedure and the local rules, or to comply with
court orders. See Olsen v. Mapes, 333 F.3d 1199,
1204, n.3 (10th Cir. 2003).
COURT DISMISSES OLLISON'S CLAIMS UNDER RULE
time this case was opened, Ollison was a prisoner
incarcerated at the Curry County Detention Center.
See 1983 Prisoner Civil Rights Complaint, filed
November 13, 2018 (Doc. 1)(“Complaint”). Ollison
filed his Amended Complaint on November 28, 2018.
See Amended Complaint. Following two Orders to cure
deficiencies entered on November 15, 2018, and November 29,
2018, see Order to Cure Deficiencies, filed November
15, 2018 (Doc. 3)(“First Order”); Second Order to
Cure Deficiency, filed November 29, 2018 (Doc. 6), Ollison
was granted leave to proceed in forma pauperis under 28
U.S.C. § 1915 on July 25, 2019. See Order on
Pending Motions, filed July 25, 2019 (Doc. 9)(“Order on
Pending Motions”). Letters to Ollison, including the
copy of the Order granting leave to proceed in forma
pauperis, have been returned to the Court as undeliverable.
See Mail Returned as Undeliverable, filed August 6,
2019 (Doc. 10); Mail Returned as Undeliverable, filed August
19, 2019 (Doc. 12). The Court's research establishes that
Ollison was released from Curry County Detention Center on
April 19, 2019. Ollison has not provided the Court with any
change of address since his release from custody and has not
communicated with the Court since December 26, 2018.
See Financial Entry, filed December 26, 2018 (Doc.
has not kept the Court apprised of his correct mailing
address and has not maintained contact with the Court as
D.N.M. LR-Civ. 83.6 requires. Ollison has not complied with
the Court's Local Rules and has failed to prosecute this
action. See Olsen v. Mapes, 333 F.3d at 1204, n.3.
The Court will dismiss Ollison's Amended Complaint,
without prejudice, for failure to comply with the local rules
and failure to prosecute this proceedings. See
THE LAW REGARDING IN FORMA PAUPERIS PROCEEDINGS AND THE
THREE STRIKES ...