Luna v. Wexford Health Sources, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESSE BEN LUNA,
Plaintiff,
v. 	Case No. 2:25-cv-00133-KWR-LF
WEXFORD HEALTH SOURCES, INC.
et al.
Defendants.
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915
AND TO PROVIDE ADDRESSES OF DEFENDANTS
THIS MATTER is before the Court sua sponte, or on its own accord. Plaintiff Jesse Luna
commenced this action in New Mexico state court, and defendant Wexford Health Sources, Inc.
(“Wexford”) removed the case to this Court on February 7, 2025. Doc. 1 at 1. Plaintiff served
Wexford with his complaint on January 10, 2025, but has not yet served the remaining
defendants. On November 20, 2025, the Court issued an order to show cause requiring Mr. Luna
to effect service on the remaining defendants or provide the Court with a written explanation
showing good cause why service has not been made. Doc. 13 at 2. On December 5, 2025, Mr.
Luna timely responded to the order to show cause and explained that he has had trouble finding
the addresses for some of the defendants. Doc. 15 at 1. Mr. Luna also explained that he believed
the Court would serve the defendants because he had been granted leave to proceed in forma
pauperis. Id. at 1–2.
The docket does not reflect that Mr. Luna moved to proceed in forma pauperis (“IFP”)
before this Court after the case was removed, but filings from the underlying state action reveal
that Mr. Luna did move to proceed IFP while the case was still in state court. See Doc. 1-3.
Attached to Mr. Luna’s state motion is a trust fund account for the six-month period immediately
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proceeding the filing of the complaint as required by 28 U.S.C. § 1915. See Doc. 1-3, at 5–6; 28
U.S.C. § 1915(a)(2).
The Court therefore will permit Mr. Luna to proceed IFP in this matter for the purpose of
serving the remaining defendants and without prepayment of future fees that may arise in this
matter or the necessity of giving security therefor. See § 1915(d); Fed. R. Civ. P. 4(c)(3). In his
response to the Court’s order to show cause, Mr. Luna states that he is able to begin partial
payments of the filing fee. Doc. 15 at 1. However, because this matter was removed from state
court, Mr. Luna is not required to pay the initial filing fee. See Woodson v. McCollum, 875 F.3d
1304, 1305 (10th Cir. 2017) (“State-court plaintiffs whose cases are removed to federal court
have no obligation to pay a filing fee; nothing in the federal IFP statute is to the contrary.”) The
docket accordingly reflects that Wexford paid the $405 filing fee on February 7, 2025.
Because Mr. Luna is proceeding IFP, the Court will serve the defendants who have yet to
be served. However, Mr. Luna must provide the Court with the appropriate addresses.
Washington v. Correia, 546 F. App’x 786, 789 (10th Cir. 2013) (“[T]he onus [falls] squarely on
plaintiffs to track down the whereabouts of defendants to effectuate service—rather than obliging
the courts to assist in this endeavor.”). Therefore, Mr. Luna is ordered to provide addresses for
defendants Dr. Jose Andrade-Barazza, LNP Lilian A Klinger, RNP David Saavedra, Dr. Zhu, J.
Sigala, Hernia Mesh Manufacturer, Dr. Dieter Dennig, Alisha Tafoya Lucero, Warden Mike De
La Torre, Warden Lazarin, and New Mexico Department of Corrections by Monday, January
12, 2025.
IT IS SO ORDERED.
Laura Fashing
U.S. Magistrate Judge
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