Opinion
Civ. 21-683 KG/GJF
11-10-2022
HERBERT MANYGOAT, Petitioner, v. HECTOR H. BALDERAS, Attorney General for the State of New Mexico, et al., Respondents.
ORDER TO SHOW CAUSE
HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court sua sponte in connection with the Order Granting Respondent's Motion for a More Definite Statement, filed September 28, 2022 [ECF 17] (“the Order”). The Order required Petitioner to file a Second Amended Petition within thirty days, a period that expired on October 28, 2022. Yet, despite the Court affording Petitioner a grace period to account for the “prison mailbox rule,” he failed to timely respond. Indeed, even as of today, Petitioner has filed nothing in response to the Order.
See generally Lockaby v. Young, 42 Fed.Appx. 313 (10th Cir. 2002) (unpublished).
IT IS THEREFORE ORDERED that, by November 30, 2022, Petitioner shall show cause in writing why his failure to comply with the Order should not result in the dismissal of this action. Petitioner is expressly cautioned that his failure to comply with this order to show cause will result in the DISMISSAL of this action.
SO ORDERED.