United States District Court, D. New Mexico
PRO SE PRISONER CASE MANAGEMENT ORDER AND ORDER
LIMITING COURT FILINGS PRIOR TO SCREENING
R. SWEAZEA UNITED STATES MAGISTRATE JUDGE
MATTER comes before the Court sua sponte.
On August 10, 2018, the Court received and docketed
Plaintiff's civil rights complaint. Plaintiff shall
include the case number, 18-cv-00772-JCH-KRS, on all papers
filed in this proceeding.
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 in
Plaintiff's 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 Because 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); Rule 4 of the Rules Governing Section 2254
Proceedings/Rule 4 of the Rules Governing Section 2255
Proceedings. 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 appeal-(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
from such relief.
request to the Court for relief must be in the form of a
motion. Fed.R.Civ.P. 7(b). The filing of excessive
motions may cause substantial delay in completion of the
Court's preliminary screening and resolution of the case.
Plaintiff shall avoid filing unnecessary motions.
Requests for service of process, discovery, and submissions
of proof are premature and unavailable prior to the
Court's completion of its screening obligation. See
Jones v. Bock, 549 U.S. 199, 213-214 (2007). If
Plaintiff's complaint is not dismissed on initial
screening, the Court will enter further orders governing
service of process, discovery, and scheduling. Plaintiff
should not send any letters to the Court other than
transmittal letters or requests for ...