Hernandez v. Health Care Providers

Filing 30

MEMORANDUM OPINION AND ORDER by District Judge James O. Browning, requests in Plaintiff Ramon Hernandez' Letter to the Court 29 are denied. (meq)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RAMON HERNANDEZ,
Plaintiff,
vs.

No. CIV 15-0205 JB/GJF

HEALTH CARE PROVIDERS; MARIAM
BORNACI; MIKE CARRILLO and
ROBERT ZAMARRIPA,
Defendants.
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR EXTENSION
THIS MATTER comes before the Court on Plaintiff Ramon Hernandez’ Letter to the Court
(dated September 17, 2016), filed September 22, 2016 (Doc. 29)(“Motion”), requesting an extension
of time to file a state law claim. The Court will deny the Motion.
Plaintiff Ramon Hernandez filed this action as a prisoner civil rights action, asserting both
federal and state law claims. The Court referred the case to the Honorable Judge Gregory J. Fouratt,
United States Magistrate Judge, for proposed findings and a recommended decision. On July 8,
2016, Judge Fouratt issued his Proposed Findings and Recommended Disposition, filed July 8, 2016
(Doc. 26)(“PFRD”). Judge Fouratt recommended that the Court dismiss Hernandez’ federal claim
with prejudice. See PFRD at 20. Judge Fouratt also recommended that the Court decline to exercise
supplemental jurisdiction over Hernandez’ remaining state law claims and dismiss those claims
without prejudice. See PFRD at 20. The PFRD indicated that the parties had fourteen days to file
objections to the recommended disposition. See PFRD at 21. Hernandez did not object, and on
September 9, 2016, the Court entered its Memorandum Opinion and Order adopting Judge Fouratt’s
PFRD. See Memorandum Opinion and Order Adopting Magistrate Judge’s Proposed Findings and

Recommended Disposition at 1, filed September 9, 2016 (Doc. 27). The Court concurrently entered
Final Judgment. See Final Judgment at 1, filed September 9, 2016 (Doc. 28).
Hernandez filed his Motion requesting an extension on September 22, 2016. In the Motion,
he provides: “I am writing you today for an extension on my state claim. I received notice that it
[sic] state claim was dismissed without prejudice and would like to get an extension.” Motion at 1.
Because the Court declined to exercise supplemental jurisdiction over Hernandez’ state law claim,
Hernandez cannot proceed any further in federal court on that claim. See 28 U.S.C. § 1367(c). See
also Brooks v. Gaenzle, 614 F.3d 1213, 1229 (10th Cir. 2010). Accordingly, the Court will deny the
requests in Hernandez’ Motion.
IT IS ORDERED that the requests in Plaintiff Ramon Hernandez’ Letter to the Court (dated
September 17, 2016), filed September 22, 2016 (Doc. 29), are denied.

_______________________________
UNITED STATES DISTRICT JUDGE

Counsel and Parties:
Ramon Hernandez
Grant County Detention Center
Silver City, New Mexico
Plaintiff Pro Se
Jonlyn M. Martinez
Law Firm of Jonlyn M. Martinez
Albuquerque, New Mexico
Attorney for Defendants Mike Carrillo and Robert Zamarippa

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