Williams v. Jimenez et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LUCAS WILLIAMS,
Plaintiff,
v. 	No. 1:26-cv-00033-SMD-JHR
SERGIO JIMENEZ,
KEVIN C. MCCLANAHAN,
CARMEN PACHECO,
DAWN HILL-KEARSE and
WAVNY TOUSSAINT,
Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff’s Complaint, Doc. 1, filed
January 8, 2026, and Plaintiff’s Application to Proceed in District Court Without Prepaying Fees
or Costs (Short Form), Doc. 2, filed January 8, 2026 (“Short Form Application”).
The only allegations in the Complaint state:
1. 	Upon information and belief, Defendants conspired with individuals in LT-
325749-22/KI, in which the next court appearance is scheduled for 2/4/26
before Defendant Sergio Jimenez,
2. 	All defendants conspired together in violation of due process,
3. 	This Court has jurisdiction under federal law.
Complaint at 1.
United States Magistrate Judge Jerry H. Ritter notified Plaintiff that the Complaint failed
to state a claim upon which relief can be granted and ordered Plaintiff to file an amended
complaint. See Order at 2, 4, Doc. 4, filed January 9, 2026 (notifying Plaintiff that failure to timely
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file an amended complaint may result in dismissal of this case). Plaintiff did not file an amended
complaint by the January 30, 2026, deadline.
Plaintiff also filed a motion to proceed in forma pauperis using a Short Form Application.
See Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form),
Doc. 2, filed December 29, 2025. Judge Ritter notified Plaintiff the Short Form Application does
not provide sufficient information for the Court to determine whether a plaintiff is unable to pay
the required fees and ordered Plaintiff to file an Application to Proceed in District Court Without
Prepaying Fees or Costs (Long Form). See Order at 1, 4 (notifying Plaintiff that failure to timely
file a Long Form Application may result in denial of the motion to proceed in forma pauperis).
Plaintiff did not file a Long Form Application by the January 30, 2026, deadline.
Judge Ritter’s Order and other filed documents that the Clerk mailed to Plaintiff were
“returned as undeliverable.” Doc’s 5-7, filed January 28-29, 2026; D.N.M.LR-Civ. 83.6 (“parties
appearing pro se have a continuing duty to notify the Clerk, in writing of any change in their . . .
mailing address”).
The Court dismisses this case without prejudice because Plaintiff has not complied with
Judge Ritter’s Order to file an amended complaint and to file a Long Form Application to proceed
in forma pauperis. 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
Fed.Appx. 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)). Because
it is dismissing this case and based on Plaintiff’s failure to comply with Judge Ritter’s Order to file
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a Long Form Application, the Court denies Plaintiff’s Short Form Application to proceed in forma
pauperis.
IT IS ORDERED that:
(i) 	This case is DISMISSED without prejudice.
(ii) 	Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs
(Short Form), Doc. 2, filed January 8, 2026, is DENIED.
_________________________________
UNITED STATES DISTRICT JUDGE
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