Sarrett et al v. Cordova et al

Filing 98

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by District Judge Kenneth J. Gonzales; denying 91 Motion for Reconsideration; granting 92 Motion to Dismiss for Lack of Prosecution; adopting Report and Recommendations re: 97 Report and Recommendations. (yc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MARK SANCHEZ and
PATRICK MARQUEZ,
Plaintiffs,
v.

Civ. No. 11-1021 KG/SCY

DEREK WILLIAMS, et al.,
Defendants.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the County Defendants’ Motion to Dismiss for
Failure to Prosecute (Doc. 92) and the Village of Bosque Farms and Los Lunas Defendants’
Motion for Reconsideration (Doc. 91). On August 9, 2018, the Court referred this motion to
United States Magistrate Judge Steven C. Yarbrough for entry of proposed findings and a
recommended disposition. Doc 94.
On November 9, 2018, Judge Yarbrough entered his Proposed Findings and
Recommended Disposition (PFRD). Doc. 97. Judge Yarbrough notified the parties that they had
14 days from the service of the PFRD to file any objections to the PFRD. Id. at 13. No party filed
objections to the PFRD. The failure to make timely objections to the PFRD waives appellate
review of both factual and legal questions. United States v. One Parcel of Real Property, 73 F.3d
1057, 1059 (10th Cir. 1996).
Further, upon review of the PFRD, I concur with Judge Yarbrough’s findings and
recommendations. IT IS THEREFORE ORDERED that:

1. the PFRD (Doc. 97) is adopted;
2. the County Defendants’ Motion to Dismiss for Failure to Prosecute (Doc. 92) is
GRANTED and all remaining claims against them are DISMISSED;
3. the Bosque Farms and Los Lunas Defendants’ Motion for Reconsideration (Doc. 91)
is DENIED; and
4. all remaining claims against the Bosque Farms and Los Lunas Defendants’ are sua
sponte DISMISSED pursuant to Rule 41(b).
IT IS SO ORDERED.

________________________________
UNITED STATES DISTRICT JUDGE