Austin v. United States of America et al, No. 1:2018cv00693 - Document 17 (D.N.M. 2019)
Court Description: MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez DISMISSING 1 Petition for 2254 Relief. IT IS ORDERED that this case is DISMISSED without prejudice. (gr)
Download PDF
<![CDATA[
Austin v. United States of America et al Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LAMOUNT AUSTIN, Plaintiff, v. No. 1:18-cv-00693-MV-JHR UNITED STATES OF AMERICA, UNITED STATES TRUSTEE, E. SAMUEL, JANETTE CASTILLEJOS, BANK OF AMERICA, ERIC SUTTON, MCCARTHY & HOLTHUS LLP, and JADE ROTONDA, Defendants. MEMORANDUM OPINION AND ORDER OF DISMISSAL THIS MATTER comes before the Court on Plaintiff's failure to comply with the Court's Order to Cure Deficiency, Doc. 16, filed June 5, 2019. Plaintiff states he is seeking a "Writ of Habeas Corpus Common Law Right/Remedy under 28 U.S.C. § 2254." Complaint at 1, Doc.1, filed July 19, 2018. Plaintiff paid the $5 filing fee applicable to an application for a writ of habeas corpus. See 28 U.S.C. §1914(a). The Court notified Plaintiff that this civil action is not an application for a writ of habeas corpus because there are no allegations in the Complaint indicating that Plaintiff is in State custody in violation of federal law. Doc. 16 at 1. Plaintiff seeks "a judgment and declaratory form, which secures ownership of my property, directing the county recorder to clear title of any encumbrances henceforth." Complaint ¶ 50 at 8. Plaintiff has not paid the $400.00 fee1 for instituting a civil action or filed an “Application to Proceed in District Court Without Prepaying Fees or Costs (Long 1 The fee for instituting any civil action, suit or proceeding is comprised of a $350.00 filing fee, see 28 U.S.C. §1914, and a $50.00 administrative fee. Dockets.Justia.com Form)” (“Application”). The Court granted Plaintiff leave to either pay the $400.00 fee or file an Application, and notified Plaintiff that failure to timely pay the fee or file an Application may result in dismissal of this case without prejudice. Doc. 16 at 2. Plaintiff did not pay the fee or file an Application by the June 19, 2019, deadline. Accordingly, this case will be dismissed. IT IS ORDERED that this case is DISMISSED without prejudice. _________________________________ MARTHA VÁZQUEZ UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
