Moore v. Wintrust Mortgage, A Division of Barrington Bank et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MANCE OTIS MOORE,
Plaintiff,
v. No. 2:26-cv-01387-KG-DLM
WINTRUST MORTGAGE,
DONA ANA COUNTY and
CITY OF LAS CRUCES,
Defendant.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff’s Complaint for a Civil Case,
Doc. 1, filed May 1, 2026.
United States Magistrate Judge Damian L. Martinez notified Plaintiff that the Complaint
failed to show that the Court has jurisdiction over this matter and ordered Plaintiff to file an
amended complaint. See Order, Doc. 3, filed May 8, 2026 (notifying Plaintiff that failure to timely
file an amended complaint may result in dismissal of this case). Judge Martinez also ordered
Plaintiff to either pay the filing fee or file an Application to proceed in forma pauperis. See Order
at 5 (notifying Plaintiff that failure to timely pay the filing fee or file an Application may result in
dismissal of this case). Plaintiff did not file an amended complaint, pay the filing fee or file an
Application to proceed in forma pauperis, or otherwise respond to Judge Martinez’s Order by the
May 29, 2026, deadline.
The Court dismisses this case without prejudice because Plaintiff has not complied with
Judge Martinez’s Order to file an amended complaint and to either pay the filing fee or an
Application to proceed in forma pauperis. See Fed. R. Civ. P. 41(b) (“If the plaintiff fails to
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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)).
IT IS ORDERED that this case is DISMISSED without prejudice.
/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.
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