Romo v. The Board of County Commissioners of the County of Bernalillo

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

ANTONIO ROMO, Plaintiff, v. Civ. No. 23-0686-KG-SCY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BERNALILLO, et al, Defendants.

ORDER OF DISMISSAL This matter is before the Court following Plaintiff Antonio Romo’s failure to cure deficiencies in his prisoner civil rights action. Plaintiff is a state inmate and is proceeding pro se.

In the opening Letter-Pleading, he alleges Defendants violated his constitutional rights and requests forms to file a lawsuit. (Doc. 1). On August 18, 2023, the Clerk’s Office mailed Plaintiff a blank civil rights complaint and a blank motion to proceed in forma pauperis. He did not initially respond. By an Order entered October 13, 2023, the Court directed Plaintiff to return a completed complaint and address the civil filing fee within thirty days. (Doc. 2). The Order instructed that any in forma pauperis motion must include an inmate account statement reflecting transactions for a six-month period. See 28 U.S.C. § 1915(a)(2) (requiring the inmate account statement in all cases where the plaintiff is incarcerated). Plaintiff was warned that the failure to timely comply with both directives (i.e., filing a complaint and addressing the fee requirement) may result in dismissal of this case without further notice.

The deadline to file a complaint and address the civil filing fee was November 13, 2023.

Plaintiff did not fully comply with either requirement. He filed a Motion to Proceed In Forma Pauperis, but he did not attach an inmate account statement. (Doc. 3). Moreover, Plaintiff did not file a complaint in this case or show cause for such failure. Accordingly, the Court will dismiss the Letter-Pleading (Doc. 1) without prejudice under Fed. R. Civ. P. 41(b) for “failure to prosecute [and] ... comply with court orders.” Olsen v. Mapes, 333 F.3d 1199, 1204 n. 3 (10th Cir. 2003); see also Salazar v. Arapahoe Cty. Det. Facility, 787 Fed. App’x 542, 543 (10th Cir. 2019) (affirming dismissal order where plaintiff failed to “address[] the inmate account statement”). The Court will also deny as moot Plaintiff's pending Motion to Proceed In Forma Pauperis. (Doc. 3).

IT IS ORDERED: 1. Plaintiff Antonio Romo’s Letter-Pleading Raising Constitutional Violations (Doc. 1) is dismissed without prejudice.

2. Plaintiff's Motion to Proceed In Forma Pauperis (Doc. 3) is denied as moot.

3. The Court will enter a separate judgment closing the civi h oe ; ange UNITED STATES’DISTRI UDGE