Mills v. Bluth

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTHONY MILLS,
Plaintiff,
v. 	No. 1:26-cv-00502-MIS-KK
ARLENE BLUTH,
Defendant.
ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff Anthony Mills’s Complaint,
ECF No. 1, and Plaintiff’s Motion for Leave to Proceed in forma pauperis (“Motion”), ECF No.
2, both filed February 20, 2026.
The factual allegations in the Complaint state:
1. 	Defendant conspired with individuals in depriving due process rights,
Defendant failed to dismiss 100269/2023, causing unreasonable cost to the
parties,
2. 	This Court has jurisdiction under federal law,
3. 	Plaintiff demands jury trial and $1 Million against Defendant.
Compl. at 1, ECF No. 1.
United States Magistrate Judge Kirtan Khalsa informed Plaintiff his “Complaint fails to
state a claim upon which relief can be granted,” ordered Plaintiff to file an amended complaint
“within 21 days of entry of this Order,” and notified Plaintiff that failure to do so “may result in
dismissal of this case.” Order to Cure Deficiency and for Am. Compl. at 2, 4, ECF No. 4. Plaintiff
did not file an amended complaint by the deadline.
Plaintiff filed his Motion for Leave to Proceed in forma pauperis using a Short Form
Application. ECF No. 2. Judge Khalsa notified Plaintiff the “Short Form Application does not
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provide sufficient information for the Court to determine whether a plaintiff is unable to pay the
required fees.” Order to Cure Deficiency and for Am. Compl. at 1, ECF No. 4. Judge Khalsa
ordered Plaintiff to file a Long Form Application “within twenty-one (21) days from entry of this
Order” and informed Plaintiff that failure to do so may result in “denial of the motion to proceed
in forma pauperis.” Id. Plaintiff did not file a Long Form Application by the deadline.
The Clerk mailed Judge Khalsa’s Order to Cure Deficiency and for Amended Complaint
to Plaintiff, but it was returned as undeliverable. ECF No. 5. Plaintiff has apparently failed to abide
by his obligation “to notify the Clerk, in writing, of any change in [his] . . . mailing address.”
D.N.M.LR-Civ. 83.6.
The Court dismisses this case without prejudice because Plaintiff has not timely complied
with Judge Khalsa’s order to file an amended complaint. Order to Cure Deficiency and for Am.
Compl. at 4, ECF No. 4; 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
F. App’x 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)). Plaintiff’s
Motion for Leave to Proceed in forma pauperis is denied as moot.
IT IS ORDERED that:
1. 	This case is DISMISSED without prejudice; and
2. 	Plaintiff’s Motion for Leave to Proceed in forma pauperis, ECF No. 2, is DENIED
as moot.
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_________________________________
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
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