Alva v. Stump et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 and granting 11 Motion to Dismiss for Failure to State a Claim by Chief Judge M. Christina Armijo. Plaintiff Alva will have 21 days from the date of this order to amend his complaint. (vv)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SERGIO ALVA,
Plaintiff,
vs.

2:16-cv-00008-MCA-LF

DAN STUMP, VICK JENKINS, and
THE BOARD OF COUNTY COMMISSIONERS,
OTERO COUNTY, NEW MEXICO,
Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED
FINDINGS AND RECOMMENDED DISPOSITION
The magistrate judge filed her Proposed Findings and Recommended Disposition on
January 11, 2017 (Doc. 15). The proposed findings notified plaintiff Sergio Alva of his ability to
file objections within fourteen (14) days, and that failure to do so waives appellate review. To
date, Alva has not filed any objections, and there is nothing in the record indicating that the
proposed findings were not delivered.
IT IS THEREFORE ORDERED AS FOLLOWS:
1. The magistrate judge’s Proposed Findings and Recommended Disposition (Doc. 15)
is ADOPTED;
2. Defendant Board of County Commissioners, Otero County, New Mexico’s Motion to
Dismiss Plaintiff’s Amended Complaint (Doc. 11) is GRANTED.
3. Alva’s Amended Complaint (Doc. 9) is DISMISSED without prejudice;
4. Alva will have 21 days from the date of this order to amend his complaint. If Alva
does not amend his complaint within 21 days, the case will be dismissed with
prejudice.
______________________________________
CHIEF UNITED STATES DISTRICT JUDGE