Clark v. Rosenthal et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LUCY CLARK,
Plaintiff,
v. 	No. 1:26-cv-01329-KK
MICHAEL ROSENTHAL and
KEVIN MCCLANAHAN,
Defendants.
ORDER TO CURE DEFICIENCY
AND ORDER FOR AMENDED COMPLAINT
THIS MATTER comes before the Court on pro se Plaintiff’s Complaint, Doc. 1, filed
April 27, 2026, and Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Short Form), Doc. 2, filed April 27, 2026 (“Short Form Application”).
Order to Cure Deficiency
Plaintiff filed a motion to proceed in forma pauperis using a Short Form Application. The
Short Form Application does not provide sufficient information for the Court to determine whether
the Plaintiff is unable to pay the required fees. The Court requires plaintiffs seeking to proceed
without prepaying fees to file the Application to Proceed in District Court Without Prepaying Fees
or Costs (Long Form) (“Long Form Application”). The Court Orders Plaintiff to file a Long Form
Application. Failure to file a Long Form Application within twenty-one (21) days from entry of
this Order or failure to follow all instructions in the Long Form Application may result in denial
of the motion to proceed in forma pauperis.
Order for Amended Complaint
The only factual allegations in the Complaint state:
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1. 	Defendant Kevin Mcclanahan violated due process,
2. 	Defendant Michael Rosenthal conspired with Kevin Mcclanahan,
2. 	Plaintiff demands an award to be decided by the Court.
[sic] Complaint at 1-2 (showing Plaintiff’s return address is in Jackson, WY).
The Complaint fails to state a claim upon which relief can be granted. “[T]o state a claim
in federal court, a complaint must explain what each defendant did to him or her; when [each]
defendant did it; how [each] defendant’s action harmed him or her; and, what specific legal right
the plaintiff believes [each] defendant violated.” 	Nasious v. Two Unknown B.I.C.E. Agents, at
Arapahoe County Justice Center, 492 F.3d 1158, 1163 (10th Cir. 2007) (emphasis added).
The Court orders Plaintiff to file an amended complaint. 	The amended complaint must
state where the events or omissions giving rise to Plaintiff’s claims occurred and where Defendants
reside. 	The amended complaint must also comply with the Federal and Local Rules of Civil
Procedure. 	See, for example, Fed. R. Civ. P. 8(a) (a complaint must contain a short and plain
statement of the grounds for the Court’s jurisdiction, a short and plain statement of the claims
showing that Plaintiff is entitled to relief, and a demand for the relief sought); Fed. R. Civ. P. 10(b)
(“A party must state its claims or defenses in numbered paragraphs”).
Case Management
Generally, pro se litigants are held to the same standards of professional
responsibility as trained attorneys. It is a pro se litigant’s responsibility to become
familiar with and to comply with the Federal Rules of Civil Procedure and the Local
Rules of the United States District Court for the District of New Mexico (the “Local
Rules”).
Guide for Pro Se Litigants at 4, United States District Court, District of New Mexico (October
2022). The Local Rules, the Guide for Pro Se Litigants and a link to the Federal Rules of Civil
Procedure are available on the Court’s website: http://www.nmd.uscourts.gov.
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Failure to comply with Court Orders and the Federal and Local Rules of Civil Procedure
interferes with the judicial process and may result in monetary and non-monetary sanctions
including filing restrictions and dismissal of this case. 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)).
Compliance with Rule 11
The Court reminds Plaintiff of her obligations pursuant to Rule 11 of the Federal Rules of
Civil Procedure. See Yang v. Archuleta, 525 F.3d 925, 927 n. 1 (10th Cir. 2008) (“Pro se status
does not excuse the obligation of any litigant to comply with the fundamental requirements of the
Federal Rules of Civil and Appellate Procedure.”). Rule 11(b) provides:
Representations to the Court. By presenting to the court a pleading, written
motion, or other paper--whether by signing, filing, submitting, or later advocating
it--an attorney or unrepresented party certifies that to the best of the person's
knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law
or by a nonfrivolous argument for extending, modifying, or reversing existing law
or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery; and
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(4) the denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of information.
Fed. R. Civ. P. 11(b). Failure to comply with the requirements of Rule 11 may subject Plaintiff to
sanctions, including monetary penalties and nonmonetary directives. See Fed. R. Civ. P. 11(c).
IT IS ORDERED that:
(i) 	Plaintiff shall, within 21 days of entry of this Order, file an Application to Proceed
in District Court Without Prepaying Fees or Costs (Long Form). Failure to timely
file a Long Form Application or failure to follow all instructions in the Long Form
Application may result in denial of the motion to proceed in forma pauperis.
(ii) 	The Clerk shall send to Plaintiff a copy of this Order and an Application to Proceed
in District Court Without Prepaying Fees or Costs (Long Form).
(iii) 	Plaintiff shall, within 21 days of entry of this Order, file an amended complaint.
Failure to timely file an amended complaint may result in dismissal of this case.
_____________________________________
KIRTAN KHALSA
UNITED STATES MAGISTRATE JUDGE
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