Williams v. GEO Group Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO TONY ALAN WILLIAMS,

Plaintiff,

v. No. 19-cv-468 MV/KBM

GEO GROUP INC., et al,

Defendants.

ORDER ADDRESSING PRO SE MOTIONS

This matter is before the Court on Plaintiff’s pro se motions (Docs. 7, 8, 9, and 11) filed in support of his Prisoner Civil Rights Complaint. Plaintiff seeks leave to file an amended complaint; leave to proceed in forma pauperis; court-supplied service of his Complaint; and entry of a default judgment. The Motion to Amend attaches Plaintiff’s proposed amended complaint, which appears on the proper 42 U.S.C. § 1983 form. The Court will grant that motion (Doc. 7) and direct the Clerk’s Office to file the amended complaint as a separate docket entry. The amended complaint is still subject to screening, as explained in the prior Order Regarding Initial Review (Doc. 4). As to the request to proceed in forma pauperis, the Court notes that Defendant GEO Group prepaid the full filing fee upon removal. To the extent Plaintiff seeks other benefits of in forma pauperis status, such as court-supplied service if the claims survive initial review, the Court will grant the Motion to Proceed In Forma Pauperis (Doc. 8). However, because the claims have not yet been reviewed and Defendants are not yet obligated to file an answer, the Court will deny the Motion to Serve Defendants (Doc. 9) and the Motion for Default Judgment (Doc. 11) as premature. The Court will automatically handle service if the amended complaint survives screening. If any defendants are served and fail to answer, Plaintiff may renew his request for a default judgment. In researching Plaintiff's motions and claims, the Court also discovered he does not appear on the New Mexico Department of Corrections Inmate Locator website. See https://search.cd.nm.gov/index.html. It appears Plaintiff may have been transferred or released from custody without providing an updated address, as required by D.N.M. LR-Civ. 83.6. The Court will therefore require Plaintiff to notify the Clerk in writing of his address within thirty (30) days of entry of this Order or show cause why this action should not be dismissed for failure to prosecute. 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....”). The failure to timely provide a current address will result in dismissal of this action without prejudice and/or further notice. IT IS ORDERED that the Motion for Leave to File an Amended Complaint (Doc. 7) is GRANTED; and the Clerk’s Office shall FILE the Amended Complaint attached to the Motion (Doc. 7 at 5-26) as a separate docket entry. IT FURTHER ORDERED that the Motion for Leave to Proceed In Forma Pauperis (Doc. 8) is GRANTED; and the Motions to Serve Defendants (Doc. 9) and for Default Judgment (Doc. 11) are DENIED as premature. IT IS FINALLY ORDERED that within thirty (30) days of entry of this Order, Plaintiff must provide his current address or show cause why this action should not be dismissed.

ines rls JUDGE