Marquez v. Baker-Chavez et al

Filing 120

ORDER by Chief District Judge Kenneth J. Gonzales overruling 117 Notice of Objection to Judge Rozzoni's Order. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTOINETTE MARQUEZ,
Plaintiff,
v.

No. 1:24-cv-00423-KG-JMR

AMBER BAKER-CHAVEZ, et al.,
Defendants.
ORDER OVERRULING OBJECTION
Pro se Plaintiff’s original Complaint was 113 pages. See Doc. 1, filed May 2, 2025. United
States Magistrate Judge Jennifer M. Rozzoni ordered Plaintiff to file an amended complaint. See
Order to Show Cause, Doc. 5, filed May 14, 2024.
Plaintiff filed a 117-page Amended Complaint. See Doc. 7, filed June 4, 2024. Judge
Rozzoni ordered Plaintiff to file a second amended complaint not exceeding 50 pages. See Doc. 9,
filed June 17, 2024. Judge Rozzoni subsequently granted Plaintiff’s motion to amend her Second
Amended Complaint and ordered Plaintiff to file a third amended complaint not exceeding 50
pages. See Doc. 100, filed December 20, 2024. Plaintiff ultimately filed her Fifth Amended
Complaint, pursuant to the undersigned’s Order, which is 51 pages in length and is the operative
complaint in this case. See Fifth Amended Complaint, Doc. 110, filed January 31, 2025; Order,
Doc. 107, filed January 13, 2025.
Plaintiff objects to Judge Rozzoni’s May 14, 2024, Order to Show Cause. See Notice of
Objection to Judge Rozzoni’s Order, Doc. 117 filed February 26, 2025 (“Objection”). Plaintiff
states:
The Court’s order requiring the Plaintiff to submit an Amended Complaint limited
to fifty (50) pages . . . infringes upon the Plaintiff’s right to due process . . . The

Plaintiff case involves complex legal and factual issues that necessitate a
comprehensive presentation. The imposition of a page limitation significantly
hampers the Plaintiff’s ability to adequately present her claims, particularly in light
of the inclusion of twenty-five (25) defendants.
Objection at 1. Judge Rozzoni’s May 14, 2025, Order does not contain a 50-page limit for the
amended complaint. It appears Plaintiff is objecting to Judge Rozzoni’s June 17, 2024, Order, or
Judge Rozzoni’s December 20, 2024, Order, or both.
The Court overrules Plaintiff’s Objection to Judge Rozzoni’s Orders limiting her amended
complaints to 50 pages. A party may file objections to a Magistrate Judge’s order on pretrial
matters not dispositive of a party’s claim within 14 days after being served with a copy. See
Fed. R. Civ. P. 72(a). Plaintiff’s Objection, filed February 26, 2025, to Judge Rozzoni’s Orders,
filed May 14, June 17 and December 20, 2024, is untimely.
IT IS ORDERED that Plaintiff’s Notice of Objection to Judge Rozzoni’s Order, Doc. 117
filed February 26, 2025, is OVERRULED.
/s/ KENNETH J. GONZALES1
CHIEF UNITED STATES DISTRICT JUDGE

1

Please note that this document has been electronically filed. To verify its authenticity, please refer to the Digital File Stamp on the NEF (Notice
of Electronic Filing) accompanying this document. Electronically filed documents can be found on the court’s PACER public access system.

2