Boston v. US Marshals

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO GREGORY EARL BOSTON, Petitioner, v. No. 23-cv-217-KG-GBW UNITED STATES MARSHALS, UNITED STATES OF AMERICA, Respondent.

ORDER OF DISMISSAL This matter is before the Court sua sponte upon review of the docket. Petitioner Gregory Earl Boston commenced this case on March 14, 2023, by filing a Petition Under 28 U.S.C. § 2241 for Writ of Habeas Corpus. (Doc. 2) (the “Petition”). On August 11, 2023, the Court entered an Order to Cure Deficiency, requiring Petitioner to prepay the $5.00 filing fee, or alternatively, file a motion to proceed in forma pauperis by September 11, 2023. (Doc. 3). Petitioner did not comply with, or otherwise respond to the Order, and the deadline has now passed. Additionally, a copy of the Order mailed to Petitioner at his address of record (the Lea County Detention Center) was returned as undeliverable, with a note indicating that petitioner had been released. Petitioner has not updated his address, as required by D.N.M. LR-Civ. 83.6. As Petitioner has severed contact, the Court will dismiss this case without prejudice under Fed. R. Civ. P. 41(b) for “failure to prosecute [and] comply with the ... court’s orders.” Olsen v. Mapes, 333 F.3d 1199, 1204 n. 3 (10" Cir. 2003). wotbes tem