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Ollison v. Curry County Detention Center

United States District Court, D. New Mexico

October 30, 2019

DEON J. OLLISON, and LOYDALE KIRVEN, Plaintiffs,
v.
CURRY COUNTY DETENTION CENTER, TRINITY FOOD GROUP, FNU GALLEGOS, ANGELICA KELLY, Defendants.

          Deon Ollison Clovis, New Mexico Plaintiff Pro Se

          Charles Kirven Clovis, New Mexico Plaintiff Pro Se

          Loydale Kirven Clovis, New Mexico Plaintiff Pro Se

          Daniel Brown Clovis, New Mexico Plaintiff Pro Se

          Victor Garcia Clovis, New Mexico Plaintiff Pro Se

          MEMORANDUM OPINION AND ORDER OF DISMISSAL

         THIS 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.

         DEON OLLISON

         I.THE LAW REGARDING CONTACT WITH THE COURT AND RULE 41(B).

         Pro se 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).

         II.THE COURT DISMISSES OLLISON'S CLAIMS UNDER RULE 41(B).

         At the 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. 7).

         Ollison 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 Fed.R.Civ.P. 41(b).

         LOYDALE KIRVEN

         I. THE LAW REGARDING IN FORMA PAUPERIS PROCEEDINGS AND THE THREE STRIKES ...


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