Kevin Kurimjan v. Kyle Gonzales, Kent Wahlquist, Catherine E. Taylor, Samuel P....

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

KEVIN KURIMJAN,

Plaintiff, v. No. 1:26-cv-02406-SCY KYLE GONZALES, KENT WAHLQUIST, CATHERINE E. TAYLOR, SAMUEL P. RUYLE, FRANCELLA MONTOYA and JOHN DOES 1-10,

Defendants.

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT

After pro se Plaintiff filed a short Application to Proceed in District Court Without Prepaying Fees or Costs, the Court ordered Plaintiff to file an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (“Long Form Application”). Doc. 4 (notifying Plaintiff that failure to timely file a Long Form Application may result in denial of his original Application to proceed in forma pauperis). Plaintiff did not file a Long Form Application by the August 17, 2026, deadline but instead paid the filing fee. Doc. 5. The Court thus denies Plaintiff’s original Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 2) as moot.

The Court reminds Plaintiff that he has an obligation to serve Defendants. See Fed. R. Civ. P. 4(c)(1) (“The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service”). Plaintiff also has an obligation to prosecute this case. See Fed. R. Civ. P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action”); Gustafson v. Luke, 696 F. App’x 352, 354 (10th Cir. 2017) (“Although the language of Rule 41(b) requires that the defendant file a motion to dismiss, the Rule has long been interpreted to permit courts to dismiss actions sua sponte for a plaintiff's failure to prosecute or comply with the rules of civil procedure or court's orders.”) (quoting Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)).

IT IS ORDERED that Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs, Doc. 2, filed July 24, 2026, is DENIED as moot.

UNITED Tae MAGISTRATE Ge