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 2, 2018, the Court received and docketed Mr.
Serrano's petition for a writ of habeas corpus.
Petitioner shall include the case number, 18-cv-00740-JB-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). Petitioner is
obligated to keep the Court advised of any changes in
Petitioner's mailing address. Failure to keep the Court
informed of Petitioner's correct address may also result
in dismissal of the case or other sanctions. D.N.M. LR-Civ.
83.6 Because Petitioner 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. . . .
review, the court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the
(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
Petitioner 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;
or (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.
Petitioner 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
Petitioner's complaint is not dismissed on initial
screening, the Court will enter further orders governing
service of process, discovery, and scheduling. Petitioner
should not send any letters to the Court other than
transmittal letters or requests for information or copies.
All mail relating to this case must be directed to the Clerk
of the Court. Petitioner is not to send any mail
directly to the assigned District Judge or the assigned
order to permit the Court to complete its initial screening
obligation, Petitioner may not file any further
papers in this case except for:
(1) a motion for leave to amend the complaint; Petitioner may
only file one (1) motion ...