Fuller v. United States Government

• Court: District Court, D. New Mexico
• Decided: February 16, 2022
• Docket: 1:21-cv-01206
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

MORGAN T. FULLER,

Plaintiff,

v. No. 21-cv-1206 RB-CG

UNITED STATES GOVERNMENT,

Defendant.

ORDER OF DISMISSAL

This matter is before the Court following Plaintiff Morgan Fuller’s failure to comply with the in forma pauperis statute. Fuller is incarcerated and proceeding pro se. He initiated this case on December 20, 2021, by filing a Prisoner Civil Rights Complaint. (Doc. 1.) The Complaint ostensibly seeks relief under 42 U.S.C. § 1983 but touches on topics such as bankruptcy, neglect, sabotage, and defamation of character. By an Order entered January 3, 2022, the Court directed Fuller to either prepay the $402 civil filing fee or file an in forma pauperis motion. (Doc. 2.) The Order explained that any in forma pauperis motion must attach an inmate account statement reflecting transactions for the six-month period preceding this action. See 28 U.S.C. § 1915(a)(2). In the event Fuller has not been detained for six months, the Order also provided the option of submitting a statement reflecting transactions between the date of Fuller’s arrest/detention and December 20, 2021, when he filed the case. Fuller was warned that the failure to timely prepay the filing fee or file an in forma pauperis motion that includes an inmate account statement will result in dismissal of this case without further notice. The deadline to comply was February 2, 2022. Fuller filed a Motion to Proceed In Forma Pauperis without the required account statement. (Doc. 3.) Based on his failure to comply with 28 U.S.C. § 1915(a)(2) and Court Orders, the Court will dismiss the Complaint pursuant to Federal Rule of Civil Procedure 41(b). See Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003) (Rule 41 permits dismissal for “failure to prosecute [and] comply with the . . . court’s orders”); Salazar v. Arapahoe Cnty. Det. Facility, 787 F. App’x 542, 543 (10th Cir. 2019) (affirming dismissal where “none of [plaintiffs] letters addressed the inmate account statement or explained his failure to comply”); Sheptin v. Corr. Healthcare Mgmt. Contractor Co., 288 F. App’x 538, 540-41 (10th Cir. 2008) (“district court did not abuse its discretion by dismissing action ... based upon [plaintiff's] failure to ... submit... account statement”). The dismissal will be without prejudice to refiling and will not count as a strike under the three-strikes provision contained in 28 U.S.C. § 1915(g). The Court will also deny as moot the pending Motion for Leave to Proceed Jn Forma Pauperis (Doc. 3). IT IS ORDERED that Fuller’s Motion to Proceed /n Forma Pauperis (Doc. 3) is DENIED as moot. IT IS FURTHER ORDERED that Fuller’s Prisoner Civil Rights Complaint (Doc. 1) is dismissed without prejudice; and the Court will enter a separate judgment closing this civil case.

rence ail ROBERT €,.4RACK SENIOR U.S. DISTRICT JUDGE