Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MOHAMMED SHAMSUDIN HUSSEIN,
Petitioner,
v. No. 2:26-cv-1123-SMD-LF
FNU LNU,
Respondent.
ORDER OF DISMISSAL
This matter is before the Court on Petitioner Mohammed Shamsudin Hussein’s failure to
cure deficiencies as directed in this habeas proceeding. Petitioner initiated this proceeding by
filing a document titled “Affidavit in Support of Fee Waiver Request” (Doc. 1). By an Order
Directing Amendment entered April 17, 2026, the Court noted that it appears Petitioner is in
immigration detention and seeks to have the filing fee waived in this Court, but he has not filed a
Complaint or Petition. (Doc. 2). The Court directed Petitioner to return the § 2241 petition form
that was mailed to him by the Clerk’s Office, or a different complaint form if he does not seek
habeas relief under § 2241, within twenty-one days. Id. The Order warns that failure to timely
comply may result in dismissal of this case. Id.
The deadline to file an amended petition was May 8, 2026. Petitioner did not comply,
show cause for such failure, or otherwise respond to the Order. Accordingly, the Court will
dismiss this case under Fed. R. Civ. P. 41(b) for “failure to prosecute or comply with the [ ] court’s
orders.” Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003). This dismissal is without
prejudice to refiling.
Case 2:26-cv-01123-SMD-LF Document 3 Filed 05/28/26 Page 1 of 2

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IT IS THEREFORE ORDERED that this civil habeas case is DISMISSED without
prejudice; and the Court will enter a separate judgment closing the case.
______________________________________
SARAH M. DAVENPORT
UNITED STATES DISTRICT JUDGE
Case 2:26-cv-01123-SMD-LF Document 3 Filed 05/28/26 Page 2 of 2