Alarcon v. Marcantel et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS by District Judge Robert C. Brack Adopting 20 Report and Recommendations and Granting 17 Martinez Report, filed by Mike Heredia; Lawsuit is dismissed with Prejudice (jjs)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MATTHEW ALBIAN ALARCON, Plaintiff, v. No. Civ. 15-380 RB/SCY MIKE HEREDIA, Defendant. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION THIS MATTER is before the Court on Magistrate Judge Steven C. Yarbrough’s March 2, 2018 Proposed Findings and Recommended Disposition (“PFRD”) advising that the Court grant Defendant Mike Heredia’s motion for summary judgment (Doc. 17). (Doc. 20.) The parties have not filed objections to the PFRD, thereby waiving their rights to review of the proposed disposition. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1059–60 (10th Cir. 1996). Furthermore, upon review of the record, the Court concurs with the Magistrate Judge’s findings and recommendations. IT IS THEREFORE ORDERED THAT: 1. The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 20) is ADOPTED. 2. Defendant Heredia’s motion for summary judgment (Doc. 17) is GRANTED and Plaintiff’s lawsuit is dismissed with prejudice. ________________________________ ROBERT C. BRACK UNITED STATES DISTRICT JUDGE

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