Bruvold v. Attorney General for the State of New Mexico

1:25-cv-00594Nmd5 févr. 2026

Texte intégral

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ROLLIE BRUVOLD,
Petitioner,
v. No. 25-cv-0594-MIS-GJF
ATTORNEY GENERAL FOR
THE STATE OF NEW MEXICO, et al,
Respondents.
ORDER GRANTING IN FORMA PAUPERIS RELIEF
AND ADDRESSING EXTENSION REQUESTS
THIS MATTER is before the Court on Petitioner Rollie Bruvold’s motions seeking an
extension of time to file a habeas petition challenging his New Mexico state custody and leave to
proceed in forma pauperis. See ECF Nos. 2, 4, 5. Petitioner is a state prisoner and proceeding pro
se. As to the requested extensions, Petitioner explains he was recently transferred between state
facilities and seeks additional time to file an amended 28 U.S.C. § 2241 petition on the form
pleading. See ECF Nos. 2, 5. Petitioner also appears to raise substantive arguments, which
reference a challenge to his state custody. See ECF No. 5.
The Court has not set a deadline to amend in this case, and in any event, Petitioner submitted
an amended § 2241 petition on November 6, 2025. See ECF No. 11. To the extent Petitioner seeks
to extend a statute of limitations, such relief is unnecessary. “[T]here is no statute of limitations
for petitions invoking § 2241,” provided the claims are properly raised under that statute. See Craig
v. United States, 844 F. App’x 96 (10th Cir. 2021). The Court will therefore deny the Motions for
Extension (ECF Nos. 2, 5) as moot, to the extent Petitioner seeks any extension. To the extent the
Motions for Extension seek substantive relief, such request is premature.
Case 1:25-cv-00594-MIS-GJF Document 12 Filed 02/05/26 Page 1 of 2
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Petitioner’s Motion to Proceed In Forma Pauperis is also largely moot, as he paid the $5.00
filing fee. See ECF Nos. 4, 10. To the extent he seeks other benefits of in forma pauperis status,
such as court-supplied service if the claims survive initial review, the motion will be granted.
IT IS ORDERED that Petitioner’s Motions for Extension (ECF Nos. 2, 5) and Motion to
Proceed In Forma Pauperis (ECF No. 4) are GRANTED, in part, and DENIED, in part, as set
forth above.
_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-00594-MIS-GJF Document 12 Filed 02/05/26 Page 2 of 2

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