United States District Court, D. New Mexico
PRO SE PRISONER CASE MANAGEMENT ORDER AND ORDER
LIMITING COURT FILINGS PRIOR TO SCREENEING
R. SWEAZEA UNITED STATES MAGISTRATE JUDGE.
MATTER comes before the Court sua sponte. On
September 9, 2019, the Court received and docketed
Plaintiff's Prisoner Civil Rights Complaint. (Doc. 1).
Plaintiff shall include the case number
2:19-cv-00826-WJ-KRS on all papers filed in this
must comply with the Federal Rules of Civil Procedure, the
Local Rules of this Court, and any Order of the Court.
Failure to comply with the Rules or Court Orders may result
in dismissal of this case or other sanctions. Fed.R.Civ.P.
41(b); see, also, Ogden v. San Juan
County, 32 F.3d 452, 455 (10th Cir.1994). Plaintiff is
obligated to keep the Court advised of any changes to his
mailing address. Failure to keep the Court informed of
Plaintiff's correct address may also result in dismissal
of the case or other sanctions. D.N.M. LR-Civ. 83.6.
Plaintiff is proceeding pro se, the Court is obligated to
conduct a preliminary screening of the Complaint.
See 28 U.S.C. § 1915A; 28 U.S.C. § 1915(e)(2).
Whenever a prisoner brings a civil action against government
officials, the Court is obligated to screen the
prisoner's complaint or petition. 28 U.S.C. § 1915A.
Section 1915A states:
The court shall review, before docketing, if feasible or, in
any event, as soon as practicable after docketing, a
complaint in a civil action in which a prisoner seeks redress
from a governmental entity or officer or employee of a
governmental entity. . . .
On review, the court shall identify cognizable claims or
dismiss the complaint, or any portion of the complaint, if
(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
28 U.S.C. § 1915A(a) and (b). The Court has a similar
obligation to screen the complaint when a pro se plaintiff is
proceeding without prepayment of fees and costs under 28
U.S.C. § 1915(e)(2):
Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any
time if the court determines that-
(A) the allegation of poverty is untrue; or (B) the action or
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune