Chernoff v. The Heart Hospital Baylor Plano et al

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; GRANTING 13 Motion to Dismiss for Lack of Jurisdiction; GRANTING 14 Motion to Dismiss for Lack of Jurisdiction; and FINDING AS MOOT 23 Motion to Stay. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

LEE JOSEPH CHERNOFF,
Plaintiff,
v.

CIV 17-1104 MV/JHR

THE HEART HOSPITAL BAYLOR PLANO,
WALTER SIMON M.D., and ELLEN SIMON,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
On February 15, 2018, Magistrate Judge Jerry H. Ritter filed his Proposed Findings and
Recommended Disposition (Doc. 25), in which he recommended that the Motions to Dismiss
filed by the Defendants (Docs. 13, 14) be granted and that this action be dismissed without
prejudice for lack of personal jurisdiction. Magistrate Judge Ritter furthermore recommended
that Defendants’ Motion to Stay (Doc. 23) be denied as moot. 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.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 25)
is ADOPTED;
2. The Defendants’ Motions to Dismiss (Docs. 13, 14) are GRANTED.
3. Defendants’ Motion to Stay (Doc. 23) is DENIED as moot.

4. This case is dismissed without prejudice.
Dated this 19th day of March, 2018.

_________________________________
HONORABLE MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE

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