Christopher LeMar Hernandez v. Alicia Ortiz and Vince Crespin

Summary

The United States District Court for the District of New Mexico dismissed Christopher LeMar Hernandez’s § 1983 action against employees of the New Mexico Department of Transportation. The court dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) after Hernandez failed to comply with an order to show cause and file an amended complaint.

Holdings

1. The action may be dismissed without prejudice because plaintiff failed to comply with the order to show cause and failed to file an amended complaint by the court-ordered deadline.
2. The complaint failed to state claims because it did not allege that defendants seized plaintiff's property, deprived him of property without constitutionally adequate process, or violated a mandatory duty that created a federally protected right.

Questions Presented

1. Whether the action should be dismissed without prejudice because plaintiff failed to comply with the order to show cause and file an amended complaint.
2. Whether plaintiff's complaint failed to state claims for unreasonable seizure and denial of procedural due process.

Disposition

dismissed