Case 1:25-mc-00004 Document 28 Filed 10/01/25 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
CIVIL PROCEEDINGS INVOLVING THE
UNITED STATES DURING FEDERAL Misc No. 25-MC-00004-28
LAPSE IN APPROPRIATIONS Misc No. 25-MC-00027-03
TEMPORARY ADMINISTRATIVE ORDER
RELATING TO CIVIL CASES INVOLVING THE UNITED STATES
Before the Court, and upon the Motion of the Acting United States Attorney for the
District of New Mexico, is the matter of a lapse in appropriations currently impacting the
Department of Justice and the United States Attorney’s Office for the District of New Mexico.
1. At midnight on September 30, 2025, funding for the Department of Justice
(“Department”) expired and appropriations to the Department lapsed. Many other Executive
agencies are also experiencing a lapse in appropriations. Department officials do not know when
funding will be restored by Congress.
2. Absent funding, Assistant United States Attorneys assigned to the Civil Division
of the United States Attorney’s Office may not lawfully provide uncompensated services on
behalf of the Government.
An officer or employee of the United States Government...may not accept
voluntary services...exceeding that authorized by law except for emergencies
involving the safety of human life or the protection of property.
...[T]he term “emergencies involving the safety of human life or the protection of
property” does not include ongoing, regular functions of the government the
suspension of which would not imminently threaten the safety of human life or
the protection of property.
31 U.S.C. § 1342. As a result, on October 1, 2025, and continuing until funding to the
Department is restored by Congress, a significant number of non-supervisory Assistant United
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States Attorneys, and support personnel, assigned to the Civil Division of the United States
Attorney’s Office will be furloughed. Furlough means the placing of an employee in a
temporary status without duties because of lack of work or funds or other non-disciplinary
reasons. 5 U.S.C. § 7511(a)(5). If the funding situation does not change, some Assistant United
States Attorneys may be called back from furlough status, but only on a critical need basis to
protect life or property.
3. With limited exceptions, the Acting United States Attorney has sought a stay of
all civil cases within the District of New Mexico wherein the United States, or an agency,
corporation, officer or employee of the United States, is a party until Congress restores
appropriations to the Department of Justice. This includes those cases involving federally
funded facilities (and their officers, employees, and contractors) that the U.S. Department of
Health and Human Services Secretary has deemed to be employees of the U.S. Public Health
Service pursuant to the Federally Support Health Centers Assistance Act (“FSHCAA”), 42
U.S.C. § 233(g)-(n), as amended by the Federally Supported Health Centers Assistance Act of
1995, Pub. L. No. 104-73, 109 Stat. 777 (1995). These entities are shielded under the Federal
Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680, from liability while acting within
the scope of their duties, with the United States assuming liability for any negligent acts they
may commit. 42 U.S.C. § 233(g)(1). The Acting United States Attorney also requests that the
Court extend all current deadlines commensurate with the duration of the lapse in appropriations.
4. Based on the time constraints and number of cases involved, consulting all parties
to all litigation in which the United States, or an agency, corporation, officer or employee of the
United States, is a party is impracticable. Likewise, requesting individual extensions of time or
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stays in cases at a time when United States Attorney’s Office personnel may not lawfully work is
impracticable.
5. To preserve the status quo until restoration of funding, except as otherwise noted
in this Order, all civil cases within the District of New Mexico wherein the United States, or an
agency, corporation, officer or employee, deemed or otherwise, of the United States, is a party
are temporarily stayed. All deadlines, due dates or cut-off dates are extended for a period of time
commensurate with the duration of the lapse in appropriations, absent further Order of the Court.
6. This Order shall not affect civil forfeiture cases or proceedings relating to the
collection of outstanding judgment debts because those matters are handled by Assistant United
States Attorneys in the Criminal Division of the United States Attorney’s Office.
7. This Order does not alter, vacate, or stay any obligation of individuals to pay
amounts previously lawfully determined to be owed to the United States or to an agency or office
of the United States.
8. This Order does not prohibit, in any matter, the ability of parties to file claims or
commence actions against the United States. However, the cases or matters commenced while
there is a lapse in appropriations will be immediately stayed, as set forth above in paragraph five.
All deadlines, response dates, due dates or cut-off dates in such cases will be extended for a
period of time commensurate with the time schedule set forth in paragraph five.
9. This Order does not apply to motions for temporary restraining orders and
emergency injunctive relief, False Claims Act matters (31 U.S.C. §§ 3729-3733), Controlled
Substances Act cases, or for civil immigration matters. This Order also does not apply to cases
pending in the United States Bankruptcy Court for the District of New Mexico. This Order does,
however, apply to all bankruptcy cases where the reference has been withdrawn. Further, any
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party may seek with the presiding judge an exception to this Order on the basis of an exigency or
as the presiding judge deems appropriate.
10. The Acting United States Attorney shall notify the Court when
appropriations are restored to the Department of Justice, and the Court shall enter additional
instructions and guidance at that time.
11. This Administrative Order is subject to modification or amendment should
circumstances so warrant.
IT IS SO ORDERED this 1st day of October 2025.
FOR THE COURT:1
/s/
KENNETH J. GONZALES2
CHIEF UNITED STATES DISTRICT JUDGE
1
For the court, pursuant to Administrative Order Misc. No. 83-252.
2
Please note that this document has been electronically filed. To verify its authenticity, please refer to the Digital
File Stamp on the NEF (Notice of Electronic Filing) accompanying this document. Electronically filed documents
can be found on the court’s PACER public access system.
Notices
1:25-mc-00004 Administrative Orders
U.S. District Court
United States District Court - District of New Mexico
Notice of Electronic Filing
The following transaction was entered on 10/1/2025 at 4:36 PM MDT and filed on 10/1/2025
Case Name: Administrative Orders
Case Number: 1:25-mc-00004
Filer:
Document Number: 28
Docket Text:
TEMPORARY ADMINISTRATIVE ORDER RELATING TO CIVIL CASES INVOLVING THE UNITED
STATES: In the Matter of Civil Proceedings Involving the United States During Federal Lapse
in Appropriations (cg)
1:25-mc-00004 Notice has been electronically mailed to:
1:25-mc-00004 Notice has been delivered by fax to:
1:25-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1167529506 [Date=10/1/2025] [FileNumber=14120351-
0] [a39b437a7b3a723c9975852da15be6dde684f3adeb8e06e46b059a62b32bf40b7c
bdd566a77048a55e686518729bfb70a261c44dad5ae8c9d302bbb0f7d34f29]]
