Smith v. LNU

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CARTRELL R. SMITH,
Plaintiff,
v. 	No. 25-cv-0574-WJ-GBW
COUNTY OF CHAVES, et al,
Defendants.
MEMORANDUM OPINION AND ORDER
This 	matter 	is 	before 	the 	Court 	on 	Plaintiff 	Cartrell 	R. 	Smith’s 	motions 	to
amend/supplement and compel discovery (Docs. 4, 11). Plaintiff was incarcerated when this case
was filed and is proceeding pro se. 	His Motion to Add New Events/Violations describes
circumstances that he experienced in jail after the case was filed. See Doc. 4. Under Rule 15(d),
the Court may “on just terms” permit supplemental filings that “set[] out any transaction,
occurrence, or event that happened after the date of the pleading to be supplemented.” 	Fed. R.
Civ. P. 15(d). The Court agrees that Plaintiff should be permitted to raise additional facts/claims
in this case but declines to entertain piecemeal pleadings. Accordingly, the Court will grant the
Motion to Add New Events/Violations, in part, and allow Plaintiff to file a single amended
complaint within thirty (30) days of entry of this ruling. The single amended complaint must set
forth all factual allegations and legal claims that Plaintiff wishes to raise in this case. If Plaintiff
fails to timely comply, the Court may limit its review to the Amended Complaint (Doc. 2) currently
on file without regard to the supplemental allegations in his motion (Doc. 4).
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Plaintiff also asks the Court to order the production of all grievances he filed with the
Chavez County Detention Center. See Doc. 11 at 1. Such request is premature because this case
is still under initial review. 	Pursuant to 28 U.S.C. § 1915A, the Court must screen all civil
complaints where, as here, a prisoner seeks relief from a government officer. Sua sponte dismissal
is required where the complaint fails to state a cognizable claim or seeks monetary relief from a
defendant who is immune. See 28 U.S.C. § 1915A(b). Section 1997(e) of Title 42 further provides
that a defendant may decline to reply to any action brought by a prisoner until the Court orders a
response. See 42 U.S.C. §1997e(g)(1)-(2). Prisoner petitions are similarly excluded from pre-trial
case management procedures, including discovery obligations, under the Court’s local rules. See
D.N.M. LR-Civ. 16.3(d); D.N.M. LR-Civ. 26.3(a)(1).
Based on these authorities, the Court will deny Plaintiff’s Motion to Compel Production of
Grievances (Doc. 11) without prejudice to refiling at a later time. Defendants are not required to
produce documents or otherwise respond in this case unless and until the claims survive initial
review.
The Court finally notes that Plaintiff was recently released from custody, and he has not
updated his address in this case. See Order Setting Conditions of Release, entered December 18,
2025 in State of New Mexico v. Cartrell, D-504-CR-2024-0582; see also D.N.M. Local Civil Rule
83.6 (“All … parties appearing pro se have a continuing duty to notify the Clerk, in writing, of any
change in their … mailing addresses”). 	Within thirty (30) days of entry of this Order, Plaintiff
shall notify the Clerk in writing of his current address or show cause why this case should not be
dismissed. 	The failure to timely comply may result in dismissal of this action without further
notice.
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IT IS ORDERED that Plaintiff’s Motion to Add New Events/Violations (Doc. 4) is
GRANTED, in part; and within thirty (30) days of entry of this ruling, Plaintiff may file a single,
amended complaint that sets forth all factual allegations and legal claims that he wishes to raise in
this case.
IT 	IS 	FURTHER 	ORDERED 	that 	Plaintiff’s 	Motion 	to 	Compel 	Production 	of
Grievances (Doc. 11) is DENIED without prejudice.
IT IS FINALLY ORDERED that within thirty (30) days of entry of this ruling, Plaintiff
shall notify the Clerk in writing of his current address or show cause why this case should not be
dismissed.
SO ORDERED.
/s/ ___________________________________
HON. WILLIAM P. JOHNSON
SENIOR UNITED STATES DISTRICT JUDGE
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