Eric Fierro v. Lisa Trabaudo, et al.

Summary

The United States District Court for the District of New Mexico dismissed Eric Fierro’s prisoner civil-rights action without prejudice under Federal Rules of Civil Procedure 41(b) and 8(a). The court held that Fierro failed to comply with an order directing him to file a single, short, plain amended complaint and instead continued filing piecemeal pleadings. The court also dismissed any construed successive habeas claims for lack of jurisdiction and denied a certificate of appealability.

Holdings

1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when a plaintiff repeatedly disregards an order requiring submission of a single amended complaint and continues filing piecemeal pleadings.
2. An action may be dismissed without prejudice under Federal Rule of Civil Procedure 8(a) when a plaintiff's numerous intermingled and piecemeal filings fail to present a short and plain statement of the grounds for relief and do not clearly identify what each defendant allegedly did.
3. A district court lacks jurisdiction to consider a second or successive 28 U.S.C. § 2254 habeas challenge absent authorization from the appropriate court of appeals.

Questions Presented

1. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) because plaintiff failed to comply with the court's order requiring one amended complaint.
2. Whether the action should alternatively be dismissed under Federal Rule of Civil Procedure 8(a) because plaintiff's piecemeal filings did not provide a short and plain statement identifying the claims, defendants, and factual basis for relief.
3. Whether filings that could be construed as a successive 28 U.S.C. § 2254 habeas challenge should be dismissed for lack of jurisdiction absent authorization from the Tenth Circuit.

Disposition

dismissed