Serena Ruiz v. Brian Gottlieb

Summary

The United States District Court for the District of New Mexico dismissed Serena Ruiz’s pro se action against Brian Gottlieb without prejudice. The court dismissed the case for failure to comply with an order requiring an amended complaint and a long-form application to proceed without prepaying fees or costs, and denied the short-form application.

Holdings

1. The court may dismiss the action without prejudice because Plaintiff failed to comply with the magistrate judge's order to file an amended complaint and a long-form application to proceed in forma pauperis.
2. The short-form application to proceed without prepaying fees or costs is denied because it did not provide sufficient information to determine whether Plaintiff was unable to pay the required fees, and Plaintiff failed to submit the required long-form application.

Questions Presented

1. Whether the action should be dismissed without prejudice for Plaintiff's failure to comply with the order requiring an amended complaint and a long-form in forma pauperis application.
2. Whether Plaintiff's short-form application to proceed without prepaying fees or costs should be denied for failure to provide sufficient financial information.

Disposition

dismissed