MEMORANDUM OPINION AND ORDER OF DISMISSAL SIDNEY H. STEIN , District Judge . This matter is before the Court, sua sponte pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, on petitioner Juan Arvizo-Pena's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, filed on June 5, 2017. [CR Doc. 21] On September 12, 2017, the Honorable Carmen E. Garza, United States Magistrate Judge for...
STIPULATED ORDER FOR NATIONAL CASUALTY COMPANY TO EXCEED PAGE LIMITS FOR EXHIBITS PRESCRIBED IN D.N.M.LR-Civ. 10.5 KENNETH J. GONZALES , District Judge . THIS MATTER having come before the Court upon Defendant National Casualty Company's ("NCC") Unopposed Motion to Exceed Page Limit for Exhibits Prescribed in D.N.M.LR-Civ. 10.5, and the Court, having reviewed the pleadings and being fully advised in the premises, finds that NCC's motion is well taken and should be granted. THE COURT...
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION STEVEN C. YARBROUGH , Magistrate Judge . THIS MATTER comes before the Court on Defendant Eric Salazar's Motion to Suppress Evidence as a Result of Fourth Amendment Violation. Doc. 20. On October 26, 2017, the Honorable M. Christina Armijo, Chief United States District Judge, referred this matter to me to recommend an ultimate disposition of this Motion. Pursuant to the Order of Reference, I held a hearing in this matter on December 21, 2017....
MEMORANDUM OPINION 1 JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on (i) Defendant The Roosevelt County Board of County Commissioners Motion for Summary Judgment, filed April 27, 2016 (Doc. 35)("MSJ"); and (ii) Plaintiff Keith Parrish's Motion to Strike Summary Judgment Affidavit of Amber Hamilton, filed May 11, 2016 (Doc. 36)("Motion to Strike"). The Court held a hearing on July 6, 2016. The primary issues are: (i) whether the Court should strike the...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Plaintiff's Motion for Extension of Time to File Notice of Appeal, filed October 30, 2017 (Doc. 110)("Motion"). 1 Plaintiff Simon Armijo has not replied to Defendants Village of Magdalena and Larry Cearley's Village of Magdalena Defendants' Response to Plaintiff's Motion for Extension of Time to File Notice of Appeal...
MEMORANDUM OPINION AND ORDER DISMISSING PLAINTIFF KEVIN FOLSE'S CLAIMS JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on Plaintiff Kevin Folse's Complaint, filed March 29, 2017 (Doc. 1)("Complaint"). The Court will dismiss Folse's Complaint under rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim, and under rule 41(b) for failure to prosecute and to comply with the Court's Order to Show Cause, filed November 2, 2017 (Doc. 3)("Show...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on: (i) Defendant-Movant Robert L. Hammons' Motion to Correct Sentence Pursuant to 28 U.S.C. 2255, filed June 24, 2016 (CIV Doc. 6)(CR Doc. 114)("Motion"); (ii) the United States Magistrate Judge's Proposed Findings and Recommended Disposition, filed April 25, 2016 (CIV Doc. 28)(CR Doc. 136)("PFRD"); (iii) Defendant-Movant's Objection to United States Magistrate Judge's Proposed...
MEMORANDUM OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED RECOMMENDED DISPOSITION AND OVERRULING THE DEFENDANT'S OBJECTIONS JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Defendant's Amended Motion of David Henry to Vacate Sentence Pursuant to 28 U.S.C. 2255, filed June 24, 2016 (CIV Doc. 9; CR Doc. 55)("Amended Motion to Vacate"); the Honorable Lourdes Martinez, United States Magistrate Judge's Proposed Findings and Recommended Disposition,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , UNITED STATES DISTRICT JUDGE THIS MATTER comes before the Court on: (i) Defendant-Movant Robert L. Hammons' Motion to Correct Sentence Pursuant to 28 U.S.C. 2255, filed June 24, 2016 (CIV Doc. 6)(CR Doc. 114)("Motion"); (ii) the United States Magistrate Judge's Proposed Findings and Recommended Disposition, filed April 25, 2016 (CIV Doc. 28)(CR Doc. 136)("PFRD"); (iii) Defendant-Movant's Objection to United States Magistrate Judge's...
ORDER GRANTING MOTION TO EXTEND DISCOVERY DEADLINE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court upon Plaintiff's Unopposed Motion to Extend Discovery Motions Deadline (Doc. 29), filed December 28, 2017. The Court, being fully advised in the premises, FINDS and CONCLUDES that the motion is well-taken and should be granted. IT IS, THEREFORE, ORDERED that the discovery-motions deadline is hereby extended to January 16, 2018. 1 All other deadlines not...
MEMORANDUM OPINION AND ORDER JAMES A. PARKER , Senior District Judge . This is a pro se, in forma pauperis civil rights action brought under 42 U.S.C. 1983 by Plaintiff Victor Andrew Apodaca, Sr. (Mr. Apodaca). 1 Mr. Apodaca is currently an inmate at the Northeast New Mexico Detention Facility in Clayton, New Mexico. When he initiated this lawsuit, Mr. Apodaca was an inmate at the Penitentiary of New Mexico (PNM) in Santa Fe, New Mexico. Complaint (Doc. No. 1). Mr. Apodaca attempts...
ORDER SETTING TELEPHONIC STATUS CONFERENCE KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER is before the Court sua sponte, following a review of the record in the above-titled cause. The Court, being fully advised in the premises, FINDS and CONCLUDES that a telephonic status conference shall be held on February 1, 2018, at 10:30 a.m. The parties shall call the Court's "meet-me" line at (505) 348-2694 to connect to the proceedings. The referenced conference telephone line can...
INITIAL SCHEDULING ORDER KEVIN R. SWEAZEA , Magistrate Judge . This case is before the Court for scheduling, case management, discovery, and other non-dispositive matters. The Federal Rules of Civil Procedure, as amended, as well as the Local Rules of the Court, will apply to this lawsuit. The parties, appearing through counsel or pro se, shall "meet and confer" no later than January 25, 2018 , to formulate a provisional discovery plan. See Fed. R. Civ. P. 26(f). As part of this...
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court upon the parties' Stipulated Motion for Extension of Time for Plaintiff to Respond to Defendant's Motion to Dismiss (Doc. 19), filed December 20, 2017. Having reviewed the request, the Court FINDS and CONCLUDES that the motion is well-taken and should be granted. IT IS, THEREFORE, ORDERED that Plaintiff shall have fourteen (14) days from the entry of this order...
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS GREGORY J. FOURATT , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's "Application to Proceed in District Court Without Prepaying Fees or Costs" ("Motion") [ECF No. 3]. The Court, having reviewed the record and otherwise being fully advised, finds that the Motion is well-taken and should be GRANTED . IT IS THEREFORE ORDERED that Plaintiff may proceed without prepayment of fees or the necessity of giving security...
ORDER GRANTING ATTORNEY FEES GREGORY J. FOURATT , Magistrate Judge . This matter is before the Court on Plaintiff's "Stipulated Motion for Attorney Fees Pursuant to the Equal Access to Justice Act" ("Motion") [ECF No. 24]. Having considered the record, relevant law, and the stipulations of the parties, IT IS HEREBY ORDERED : 1. Defendant will pay Plaintiff a total of $6,001.50 in fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 et seq. This amount is payable...
ORDER DENYING PLAINTIFF'S MOTION TO PROHIBIT PIECEMEAL MOTION PRACTICE STEVEN C. YARBROUGH] , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's Motion to Prohibit Piecemeal Motion Practice. Doc. 82. In the Motion, Plaintiff contends that Defendants' multiple motions for partial summary judgment were improper and have unnecessarily complicated the briefing process. Although the Court ultimately sympathizes with many of Plaintiff's frustrations, the Court will deny...
ORDER VACATING INITIAL SCHEDULING ORDER AND RULE 16 SCHEDULING CONFERENCE CARMEN E. GARZA , Magistrate Judge . THIS MATTER is before the Court on review of the record. On December 20, 2017, this case was consolidated with a related case, Cross Border Resources, Inc. v. Black Shale Minerals, LLC, 2:17-cv-01013-KG-SMV, for the purpose of determining proper forum. See Cross Border Resources, 17cv1013 KG/SMV, (Doc. 16). Defendant Black Shale Minerals, LLC, has moved to transfer both...
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING SERVICE CARMEN E. GARZA , Magistrate Judge . THIS MATTER is before the Court upon Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs, (Doc. 2), filed November 10, 2017. The Court, having considered the Motion, finds that it is well-taken and should be GRANTED. IT IS HEREBY ORDERED that this action is authorized to proceed without the prepayment of the filing fee, costs, or...
MEMORANDUM OPINION AND ORDER KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on Defendants' Motion for Stay of Discovery (Doc. 19). The Court has reviewed the motion, the briefs submitted by the parties and the relevant authorities, and finds that the motion is well taken and will be granted. Plaintiff brings this action for damages pursuant to 18 U.S.C. 1983 for alleged violations of his constitutional rights in connection with a June 29, 2014 search and...
