Summary
The United States District Court for the District of New Mexico orders the plaintiff to show cause why its action should not be dismissed for failure to prosecute. The order relies on the court’s inherent authority, Federal Rule of Civil Procedure 15(a)(3), and D.N.M.LR-Civ. 41.1, and sets March 5, 2026, as the response deadline.
Topics
Practice areas
Questions Presented
- Whether the court may require Plaintiff to show cause why the action should not be dismissed for want of prosecution based on Plaintiff's failure to take steps to move the case forward.
Holdings
- The court may require Plaintiff to show cause why the action should not be dismissed for want of prosecution when Plaintiff has failed to take action to advance the case, consistent with the court's inherent sanctioning authority and D.N.M.LR-Civ. 41.1.
Key quotations
“The Court has the inherent power to impose a variety of sanctions on litigants in order to, among other things, regulate its docket and promote judicial efficiency.”
“Based upon Plaintiff’s lack of activity in this case, it will be required to show cause why this case should not be dismissed.”
“Plaintiff is also hereby notified that failure to respond to this Order may result in dismissal without further notice.”
Factual background
Plaintiff filed an amended complaint and served it on Defendant, but Defendant did not appear. Plaintiff then took no action to prosecute the case, and the docket showed no activity after the filing of the affidavit of service on November 13, 2025. The court issued the order to show cause because of this prolonged inactivity.
Procedural history
Plaintiff filed the federal complaint on May 28, 2025, and an amended complaint on October 28, 2025. The amended complaint was served on November 6, 2025; Defendant did not appear, and Plaintiff took no further action after filing the affidavit of service on November 13, 2025. The court ordered Plaintiff to respond by March 5, 2026, showing cause why the case should not be dismissed.