Brewer v. Boy Scouts of America-Conquistador Council

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BRITTNEY BREWER,
Plaintiff,
v. 	No. 2:25-cv-01124-SMD-GJF
BOY SCOUTS OF AMERICA – CONQUISTADOR COUNCIL,
Defendant.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Federal law requires that the Clerk of Court "require the parties instituting any civil action,
suit or proceeding in such court ... to pay a filing fee of $350 ... [and] such additional fees only as
are prescribed by the Judicial Conference of the United States." 28 U.S.C. §§ 1914(a, b).1 	The
Court "may authorize the commencement, prosecution or defense of any suit, action or proceeding
civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person
who submits an affidavit that includes a statement of all assets such [person] possesses that the
person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a)(1).
Plaintiff filed a Motion to Proceed In Forma Pauperis. 	See Doc. 2, filed November 12,
2025 (“Motion”). United States Magistrate Judge Gregory J. Fouratt notified Plaintiff the Motion
does not contain sufficient information for the Court to authorize commencement of this lawsuit
and that the Court requires plaintiffs seeking to proceed without prepaying fees to file the
Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (“Long
Form Application”). Judge Fouratt ordered Plaintiff to file a Long Form Application and ordered
1 The fee for instituting any civil action, suit or proceeding is comprised of a $350.00 filing fee,
see 28 U.S.C. §1914, and a $55.00 administrative fee.
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the Clerk to send a Long Form Application to Plaintiff. 	See Order to Cure Deficiency, Doc. 4,
filed November 13, 2025. Judge Fouratt also notified Plaintiff that failure to timely file a Long
Form Application may result in denial of her Motion to Proceed In Forma Pauperis and that failure
to comply with Court orders may result in dismissal of this case. See Order to Cure Deficiency at
2-3. The Court denies Plaintiff’s Motion to Proceed In Forma Pauperis because Plaintiff did not
file a Long Form Application or otherwise respond to Judge Fouratt’s Order by the December 4,
2025, deadline.
The Court dismisses this case without prejudice because Plaintiff has not paid the fee for
instituting this case and has not complied with Judge Fouratt’s Order to file a Long Form
Application. 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)).
IT IS ORDERED that:
(i) 	Plaintiff’s Motion to Proceed In Forma Pauperis. See Doc. 2, filed November 12,
2025, is DENIED.
(ii) 	This case is DISMISSED without prejudice.
_________________________________
UNITED STATES DISTRICT JUDGE
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