Derevianko v. Johnson et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DMYTRO DEREVIANKO,
Plaintiff,
v. No. 25-cv-1040-KG-KK
OFFICER JOHNSON, et al,
Defendants.
ORDER OF DISMISSAL
This matter is before the Court following Plaintiff’s failure to cure deficiencies in this civil
rights action. Plaintiff initiated this case by filing a pro se Civil Complaint, which seeks money
damages on the ground that his immigration detention is unlawful. (Doc. 1) (Complaint). By an
Order entered January 30, 2026, the Court explained that relief may not be available but directed
Plaintiff to amend and provide more details regarding his claim. (Doc. 2). The Court also directed
Plaintiff to file a motion to proceed in forma pauperis or pay the $405 civil filing fee. Id. at 2-3.
Finally, the Court advised Plaintiff that any challenges to his detention, as distinct from claims for
money damages, must be raised in his pending 28 U.S.C. § 2241 habeas proceeding. Id. The
Clerk’s Office mailed Plaintiff a blank civil rights complaint and a blank motion to proceed in
forma pauperis. The Order warns that the failure to timely comply may result in dismissal of this
case without further notice.
The deadline for Plaintiff to file an amended complaint and address the civil filing fee
requirement expired on March 2, 2026. Plaintiff did not comply or otherwise respond to the Order.
Hence, the Court will dismiss this civil action without prejudice for failure to prosecute and comply
with orders under Fed. R. Civ. P. 41(b). See Olsen v. Mapes, 333 F.3d 1199, 1204 n. 3 (10th Cir.
Case 2:25-cv-01040-KG-KK Document 3 Filed 03/09/26 Page 1 of 2

2
2003) (“Rule 41(b) … has long been interpreted to permit courts to dismiss actions sua sponte for
a plaintiff’s failure to prosecute or comply with the … court’s orders.”). The dismissal of Plaintiff’s
civil damages claim has no impact on his separate 28 U.S.C. § 2241 proceeding challenging
custody.
IT IS ORDERED:
1. Plaintiff’s Civil Complaint (Doc. 1) is dismissed without prejudice.
2. The Court will enter a separate judgment closing the civil case.
s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the
NEF (Notice of Electronic Filing)
accompanying this document. Electronically
filed documents can be found on the Court’s
PACER public access system.
Case 2:25-cv-01040-KG-KK Document 3 Filed 03/09/26 Page 2 of 2