Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VANDERSON BOU RESLAN ESTEVINHO,
Petitioner,
v. Civ. No. 25-1206 MIS/GBW
PAMELA BONDI, et al.
Respondents.
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER comes before the Court upon a review of the record and the
Honorable Margaret Strickland’s Order of Reference, doc. 3, referring this case to the
undersigned for analysis, findings of fact, evidentiary hearings if warranted, and
recommendations for its ultimate disposition. Having reviewed the record, the
undersigned RECOMMENDS that the Court DISMISS Petitioner’s Petition for Writ of
Habeas Corpus (doc. 1) without prejudice.
I. BACKGROUND
Petitioner, through counsel, filed his Petition for Writ of Habeas Corpus on
December 4, 2025. Doc. 1. That same day, the Honorable Margaret Strickland issued an
Order to Show Cause which required Petitioner to “serve copies of this Order and the
Petition on Respondents and file a certificate of service on the record.” Doc. 2 at 1. On
February 4, 2026, the undersigned issued a second Order to Show Cause requiring
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Petitioner to properly serve all Respondents or show why his claims should not be
dismissed by March 6, 2026. Doc. 5 at 2. To date, Petitioner has not responded to either
Order to Show Cause, nor has he properly served the Respondents.
II. LEGAL STANDARDS
Fed. R. Civ. P 4(m) provides that “[i]f a defendant is not served within 90 days
after the complaint is filed, the court…must dismiss the action without prejudice
against that defendant or order that service be made within a specified time.”
However, “if the plaintiff shows good cause for the failure, the court must extend the
time for service for an appropriate period.”
Moreover, under Federal Rule of Civil Procedure 41(b), the Court may dismiss
an action sua sponte if “the plaintiff fails to prosecute or to comply with…a court order.”
Fed. R. Civ. P. 41(b); see also Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003)
(holding that despite Rule 41(b)’s reference to a defendant’s motion, “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”).
III. ANALYSIS
Petitioner has failed to serve Respondents within the 90-day deadline set by Fed.
R. Civ. P. 4(m). Not only has Petitioner failed to show good cause for the failure, that
failure has also been in defiance of two separate orders directing Petitioner to serve
Respondents. Further, Petitioner was warned in the undersigned’s Order to Show
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Cause, that sanctions—including dismissal—could be imposed for failure to serve. See
doc. 5 at 2. Despite this warning, Petitioner failed to serve the necessary respondents. In
fact, Petitioner has failed to respond in any way let alone show cause as to why more
time was needed or why dismissal was not appropriate.
IV. CONCLUSION
Based on the foregoing reasoning, the undersigned RECOMMENDS that the
Court DISMISS WITHOUT PREJUDICE Petitioner’s Petition for Writ of Habeas Corpus
for failure to comply with Fed. R. Civ. P. 4(m). However, if proof of proper service is
filed on the docket within 10 days of entry of this Proposed Findings and
Recommended Disposition, the undersigned will withdraw this recommendation.
_____________________________________________
GREGORY B. WORMUTH
CHIEF UNITED STATES MAGISTRATE JUDGE
THE PARTIES ARE FURTHER NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of
a copy of these Proposed Findings and Recommended Disposition they may file written
objections with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party
must file any objections with the Clerk of the District Court within the fourteen-day
period if that party wants to have appellate review of the proposed findings and
recommended disposition. If no objections are filed, no appellate review will be
allowed.
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