Miller-Albarez v. The United States of America et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KRYSTLE XYLINA MILLER-ALBAREZ,
Plaintiff,
v. 	No. 2:25-cv-01269-KWR-JHR
UNITED STATES OF AMERICA,
SOCIAL SECURITY ADMINISTRATION,
U.S. DIGITAL MILLENIUM COPYRIGHT ACT,
WORLD,
FACEBOOK,
DONALD TRUMP,
STATE OF NEW MEXICO,
GOVERNMENT,
NEW MEXICO HEALTH CARE AUTHORITY and
HUMAN SERVICES DEPARTMENT,
Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff’s Complaint, Doc. 1, filed
December 15, 2025. Plaintiff asks, among other things, that the Court:
Stop [Defendants from] stealing my identity and stop making my eyesight … being
stalked and sexually assaulted by a serial stalker girls and men who have preformed
a serious medical malpractice procedure deteriating her the Plaintiff’s only 1.
Plaintiff health. . . [and] stop allowing her the plaintiff to be murdered freely and
violating all plaintiff constitutional rights.
[sic] Complaint at 1-2.
United States Magistrate Judge Jerry H. Ritter notified Plaintiff that the Complaint should
be dismissed for failure to state a claim and ordered Plaintiff to file an amended complaint. See
Order at 2, 4, Doc. 3, filed January 9, 2026 (notifying Plaintiff that failure to timely file an amended
complaint may result in dismissal of this cae). Plaintiff did not file an amended complaint by the
January 30, 2026, deadline.
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Judge Ritter also notified Plaintiff she has not paid the $405.00 fee as required by federal
law or filed an Application to Proceed in District Court Without Prepaying Fees or Costs (Long
Form) (“Long Form Application”). 	Judge Ritter ordered Plaintiff to either pay the fee or file a
Long Form Application. See Order at 1-2, 4 (notifying Plaintiff that failure to timely pay the fee
or file a Long Form Application may result in dismissal of this case). Plaintiff did not pay the fee
or file a Long Form Application by the January 30, 2026, deadline.
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)).
IT IS ORDERED that this case is DISMISSED without prejudice.
____/S/ Kea W. Riggs________________
UNITED STATES DISTRICT JUDGE
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