Moreno v. GEO Group et al.

Filing 42

ORDER by District Judge Judith C. Herrera Adopting Magistrate Judge's Proposed Findings and Recommended Disposition 40 , granting Plaintiff's Motion for Leave to File Second Amended Complaint 27 and finding as moot Defendant Corizon's Motion to Dismiss and Strike Plaintiff's Amended Complaint 12 . (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESUS MORENO,
Plaintiff,
v.

No. 16-cv-0013 JCH/SMV

GEO GROUP; CORIZON, INC.;
and FNU WALDEN;
Defendants.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on Defendant Corizon’s Motion to Dismiss & Strike
Plaintiff’s “Amended Complaint” [Doc. 12], filed on January 19, 2017, and on Plaintiff’s Motion
for Leave to File Second Amended Complaint [Doc. 27], filed September 15, 2017.

On

October 23, 2017, the Honorable Stephan M. Vidmar, United States Magistrate Judge,
recommended that Plaintiff be granted leave to file his Second Amended Complaint and that
Defendant Corizon’s Motion to Dismiss & Strike be denied as moot. [Doc. 40]. No party has
objected, and the time for doing so has passed.1
IT IS THEREFORE ORDERED that the Magistrate Judge’s Proposed Findings and
Recommended Disposition [Doc. 40] be ADOPTED; Plaintiff’s Motion for Leave to File Second
Amended Complaint [Doc. 27] be GRANTED; and Defendant Corizon’s Motion to Dismiss &
Strike Plaintiff’s “Amended Complaint” [Doc. 12] be DENIED as moot.
IT IS SO ORDERED.
______________________________
JUDITH C. HERRERA
United States District Judge
1

In fact, Plaintiff already filed his Second Amended Complaint, and Defendant Corizon answered. [Docs. 34, 41].