Cardenas v. Collins et al

Filing 56

FINAL JUDGMENT in favor of Defendants by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RICKY CARDENAS,
Plaintiff,
v.

Case No. 1:15-CV-00880-KG-SCY

MICHAEL COLLINS, LLOYD
GARCIA, LENNY QUINTANA and
CHRISTOPHER MEDINA, in their
individual capacities,
Defendants.
FINAL JUDGMENT
WHEREAS, on June 9, 2017, the Court awarded partial summary judgment to
Defendants Lenny Quintana and Christopher Medina on the Fourth Amendment claims asserted
by Plaintiff against them in Counts I and III of his Complaint (June 9, 2017, Memorandum
Opinion and Order (Doc. 48); June 9, 2017, Partial Summary Judgment (Doc. 49)); and
WHEREAS, on June 16, 2017, the Court awarded partial summary judgment to
Defendants Michael Collins and Lloyd Garcia on the Fourth Amendment claims asserted by
Plaintiff against them in Counts I, II and III of his Complaint (June 16, 2017, Memorandum
Opinion and Order to Show Cause (Doc. 50); June 16, 2017 Partial Summary Judgment (Doc.
51)); and
WHEREAS, in its June 16, 2017, Memorandum Opinion and Order to Show Cause, the
Court ordered Plaintiff, on or before June 30, 2017, to “show cause why the Fourteenth
Amendment claims should not be dismissed for failure to state a cognizable claim under Rule

12(b)(6)” (June 16, 2017, Memorandum Opinion and Order Order to Show Cause at 16 (Doc.
50)); and
WHEREAS, Plaintiff did not intend to assert any due process or other independent claims
against Defendants under the Fourteenth Amendment, nor does Plaintiff intend to make a case
for any claims under the Fourteenth Amendment (Plaintiff’s Unopposed Motion for Entry of
Final Judgment, filed June 30, 2017, (Doc 54)); and
WHEREAS, by consenting to the entry of this final judgment, Plaintiff does not intend to
waive or otherwise limit his right to appeal the final judgment.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1.

Final judgment is entered in favor of Defendants, and this matter is hereby

dismissed with prejudice in its entirety.
2.

The parties shall each bear their own attorney’s fees and costs incurred in relation

to this action.
3.

Plaintiff’s right to appeal this final judgment is preserved in its entirety.

IT IS SO ORDERED.

________________________________
UNITED STATES DISTRICT JUDGE

Approved as to form by:
/s/Adam S. Baker
Adam S. Baker
Attorney for Plaintiff
Approved via email 06/30/17
Eugene (Geno) I. Zamora
Attorney for Defendants Collins and Garcia
Approved via email 06/30/17
Scott Hatcher
Attorney for Defendants Quintana and Medina