Lee v. Central New Mexico Correctional Facility ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHAEL ROY LEE, Plaintiff, v. CV No. 20-1047 RB/CG CENTRAL NEW MEXICO CORRECTIONAL FACILITY, et al., Defendants. ORDER TO SHOW CAUSE THIS MATTER is before the Court sua sponte in connection with Plaintiff’s handwritten complaint pursuant to 42 U.S.C. § 1983, (Doc. 1). Plaintiff’s complaint reflects that he is being held at the Central New Mexico Correctional Facility in Los Lunas, New Mexico. Id. However, the record indicates that certain mailings to Plaintiff were returned as undeliverable with the notation “Released.” See (Doc. 3). It appears that Plaintiff has been transferred or released from custody without providing a new address, as required by D.N.M. LR-Civ. 83.6. The Court will require Plaintiff to notify the Clerk of his new address or show cause why this action should not be dismissed without prejudice. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980) (“It is incumbent on litigants, even those proceeding pro se, to follow the federal rules of procedure . . . The same is true of simple, nonburdensome local rules.”) (citations omitted). Failure to timely comply will result in dismissal of the action. IT IS THEREFORE ORDERED that by no later than November 27, 2020, Plaintiff shall notify the Clerk in writing of his current address or show cause why this action should not be dismissed. IT 1S SO ORDERED. THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE