Munoz-Gonzalez v. United States

Opinion

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

ANTONIO DE JESUS MUÑOZ-GONZALEZ,

Plaintiff,

v. CV No. 19-1213 MV/CG

UNITED STATES OF AMERICA,

Defendant.

ORDER TO CURE DEFICIENCIES

THIS MATTER is before the Court on Mr. Muñoz-Gonzalez’s handwritten complaint, which alleges illegal arrest, conviction, and detention by state and federal officers, and seeks declaratory and injunctive relief. (Doc. 1). It appears Mr. Muñoz- Gonzalez is attempting to assert claims under 42 U.S.C. § 1983 or Bivens v. Six Unknown Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). A civil rights complaint under 42 U.S.C. § 1983 or Bivens is the exclusive vehicle for vindication of substantive rights under the U.S. Constitution. See Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979) (claims against state actors must be brought under 42 U.S.C. § 1983). The Court finds Mr. Muñoz-Gonzalez’s complaint is deficient for two reasons. First, his filing is not in proper form or signed by himself, as required by Fed. R. Civ. P. 11(a). Second, Mr. Muñoz-Gonzalez failed to prepay the $400 filing fee, or alternatively, file an Application to Proceed in District Court Without Prepaying Fees or Costs with a six-month account statement. See 28 U.S.C. §§ 1914 and 1915(a). Mr. Muñoz-Gonzalez must cure these deficiencies if he wishes to pursue his claims. Mr. Muñoz-Gonzalez must prepay the $400 filing fee, or alternatively, file an Application to Proceed in District Court Without Prepaying Fees or Costs along with a six-month account statement. Mr. Muhoz-Gonzalez must also refile an individual complaint on the proper § 1983 form. These deficiencies must be cured within thirty (30) days of entry of this Order. Mr. Muhoz-Gonzalez must include the civil action number (CV 19-1213 MV/CG) on all papers he files in this proceeding. If Mr. Muhoz-Gonzalez fails to cure these deficiencies within thirty (30) days, the Court may dismiss this proceeding without further notice. IT IS THEREFORE ORDERED that by April 22, 2021, Mr. Munoz-Gonzalez shall: (1) refile his claims on the proper § 1983 form; and (2) either prepay the $400 filing fee or submit an Application to Proceed in District Court Without Prepaying Fees or Costs along with a certified copy of Plaintiff's inmate account statement for the six- month period immediately preceding this filing. IT IS FURTHER ORDERED that the Clerk shall mail to Mr. Mufoz-Gonzalez a copy of this Order, two (2) copies of a form § 1983 complaint with instructions, and two (2) copies of an Application to Proceed in District Court Without Prepaying Fees or Costs with instructions. IT IS SO ORDERED. (_ DttxA 2 — THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE