Gabaldon v. New Mexico Coalition to End Homelessness et al
ORDER ADOPTING Chief Magistrate Judge Molzen's Proposed Findings and Recommended Disposition 25 granting 13 Motion to Dismiss for Lack of Jurisdiction and remanding case back to the Second Judicial District Court, Bernalillo County by Senior District Judge C. LeRoy Hansen. (bap)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID A. GABALDON,
CIV 17-0473 LH/KBM
NEW MEXICO COALITION TO END
HOMELESSNESS; “THE HOPE CENTER”’;
“ST. MARTIN’S HOSPITALITY CENTER”;
GSL PROPERTIES, INC.; LAS BRISAS;
HUD DEPT. HOUSING AND URBAN
ORDER ADOPTING CHIEF MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
On May 30, 2017, the Chief Magistrate Judge filed her Proposed Findings and
Recommended Disposition (Doc. 25), in which she recommended that the Motion to
Dismiss filed by the United States Department of Housing and Urban Development
(Doc. 13) be granted and that this action be remanded to the Second Judicial District
Court for the State of New Mexico in Bernalillo County. The proposed findings notified
the parties of their ability to file objections and that failure to do so waives appellate
review. As of today, no objections have been filed and there is nothing in the record
indicating that the proposed findings were not delivered.
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Chief Magistrate Judge’s Proposed Findings and Recommended
Disposition (Doc. 25) is ADOPTED;
2. The United States Department of Housing and Urban Development’s (HUD’s
or United States’) Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and
Supporting Memorandum (Doc. 13) is GRANTED.
3. That this case is REMANDED to the Second Judicial District Court for the
State of New Mexico in Bernalillo County.
SENIOR UNITED STATES DISTRICT JUDGE
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