Mendez v. Stoller et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KRISTEN MENDEZ,
Plaintiff,
v. 	No. 1:26-cv-01523-KWR-JFR
JACK STOLLER and
DAWN HILL-KEARSE,
Defendants.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff’s Complaint, Doc. 1, filed
May 11, 2026, and Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Short Form), Doc. 2, filed May 11, 2026 (“Short Form Application”).
The only allegations in the Complaint state:
1. 	Defendant Dawn Hill-Kearse delayed work,
2. 	Defendant Jack Stoller tolerated misconduct,
3. 	The award shall be decided by the Court.
Complaint at 1.
United States Magistrate Judge John F. Robbenhaar notified Plaintiff that the Complaint
failed to state a claim upon which relief can be granted and ordered Plaintiff to file an amended
complaint. See Order at 2, 4, Doc. 4, filed May 14, 2026 (notifying Plaintiff that failure to timely
file an amended complaint may result in dismissal of this case). Plaintiff did not file an amended
complaint by the June 4, 2026, deadline.
Plaintiff also filed a motion to proceed in forma pauperis using a Short Form Application.
Judge Robbenhaar notified Plaintiff the Short Form Application does not provide sufficient
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information for the Court to determine whether a plaintiff is unable to pay the required fees and
ordered Plaintiff to file an Application to Proceed in District Court Without Prepaying Fees or
Costs (Long Form). See Order at 1, 4 (notifying Plaintiff that failure to timely file a Long Form
Application may result in denial of the motion to proceed in forma pauperis). Plaintiff did not file
a Long Form Application by the June 4, 2026, deadline.
Judge Robbenhaar’s Order to file an amended complaint and to file a Long Form
Application that the Clerk mailed to Plaintiff was “returned as undeliverable.” See Doc. 7, filed
May 29, 2026; D.N.M.LR-Civ. 83.6 (“parties appearing pro se have a continuing duty to notify the
Clerk, in writing of any change in their . . . mailing address”).
The Court dismisses this case without prejudice because Plaintiff has not complied with
Judge Robbenhaar’s Order to file an amended complaint and to file a Long Form Application to
proceed in forma pauperis. 	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)).
Because it is dismissing this case and based on Plaintiff’s failure to comply with Judge
Robbenhaar’s Order to file a Long Form Application, the Court denies Plaintiff’s Short Form
Application to proceed in forma pauperis.
IT IS ORDERED that:
(i) 	This case is DISMISSED without prejudice.
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(ii) 	Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs
(Short Form), Doc. 2, filed May 11, 2026, is DENIED.
____/S/ KEA W. RIGGS_____________
UNITED STATES DISTRICT JUDGE
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