Garcia-Ibarra v. Stephenson

• Court: District Court, D. New Mexico
• Decided: June 13, 2023
• Docket: 2:23-cv-00108
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EUGENIO GARCIA-IBARRA,

Petitioner,

v. No. 23-cv-0108 JB-KRS

GEORGE STEVENSON, et al,

Respondents.

ORDER TO CURE DEFICIENCIES

This matter is before the Court on Petitioner Eugenio Garcia-Ibarra’s 28 U.S.C. § 2254 Habeas Petition (Doc. 1) (Petition). Garcia-Ibarra is incarcerated and proceeding pro se. Fellow inmate Rick Stallings signed the Petition under oath on behalf of Garcia-Ibarra. See Doc. 1 at 12. Stallings states “he has [Garcia-Ibarra’s] permission to do this [habeas] appeal.” Id. Pro se parties cannot sign documents or prosecute a federal action on behalf of other litigants. As the Tenth Circuit explained, “the competence of a layman is clearly too limited to allow him to risk the rights of others.” Fymbo v. State Farm Fire and Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000) (quoting Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975)); see also Amaro v. Att’y Gen. for New Mexico, 781 Fed. App’x 693, 695 (10th Cir. 2019) (affirming dismissal of class action habeas claims because a pro se petitioner cannot represent other inmates). If Garcia-Ibarra seeks habeas relief, he must sign and file his own pleading. The Clerk’s Office will mail Garcia-Ibarra a blank § 2254 petition, a blank in forma pauperis motion, and a reference copy of the opening pleading signed by Stallings. The docket will be updated to reflect Garcia-Ibarra’s address at the Western New Mexico Correctional Facility (WNMCF) in Grants, New Mexico, rather than Stalling’s address at the Lea County Correctional Facility. See Doc. 1 at 1 (acknowledging that Garcia-Ibarra is now housed at WNMCF). Garcia-Ibarra must return the signed § 2254 petition within thirty (30) days of entry of this Order. By the same deadline, Garcia-Ibarra must either prepay the $5 habeas filing fee or, alternatively, file a motion to proceed in forma pauperis. Any in forma pauperis motion must attach an inmate account statement reflecting transactions for a six-month period. All filings must include the case number (23-cv- 0108 JB-KRS). If Garcia-Ibarra fails to timely comply with both directives (i.e., file a signed § 2254 petition and address the $5 habeas filing fee), this case may be dismissed without further notice. IT IS ORDERED that the Clerk’s Office shall modify the docket to reflect Garcia-Ibarra’s current address as: Eugenio Garcia-Ibarra, # 88844 Western New Mexico Correctional Facility P.O. Box 800 Grants, New Mexico 87020 IT IS FURTHER ORDERED that the Clerk’s Office shall MAIL Garcia-Ibarra a blank § 2254 petition; a blank motion to proceed in forma pauperis; and a reference copy of the opening pleading signed by Stallings (Doe. 1). IT IS FINALLY ORDERED that within thirty (30) days of entry of this Order, Garcia- Ibarra must: (1) sign and file a § 2254 petition; and (2) prepay the $5 filing fee or, alternatively, file a motion to proceed in forma pauperis along with an inmate account statement reflecting transactions for a six-month period.

Qurion Sangin Reina Ses MAGISTRATE JUDGE