Hudson v. Harvey et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS by District Judge M. Christina Armijo. IT IS HEREBY ORDERED AS FOLLOWS: 1) the Magistrate Judges PFRD (Doc. 42) is HEREBY ADOPTED; 2) Defendants Harvey, Mendoza, and Fuentes motion for summary judgment (Doc. 28) is GRANTED in part as set forth in the Magistrate Judges PFRD; 3) Defendants Calvillo and Bradshaws motion to dismiss is GRANTED in part as set forth in the Magistrate Judges PFRD; 4) Plaintiffs motions to supply on going evidence (Doc. 29), for summary judgment (Doc. 37), and appointment of counsel (Doc. 41) are DENIED as moot; and 5) Plaintiffs complaint is DISMISSED WITH PREJUDICE. (kg)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ROBERT C. HUDSON, Plaintiff, v. No. 2:16-cv-00568 MCA-KRS FNU CALVILLO, Nurse and Director of Medical, LCCF, FNU BRADSHAW, Nurse, LCCF, FNU HARVEY, Sergeant, LCCF, FNU MENDOZA, Lieutenant, LCCF, and ALBERT FUENTES, Defendants. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION The Magistrate Judge filed his Proposed Findings and Recommended Disposition (“PFRD”) on March 30, 2018. (Doc. 42). The PFRD notified the parties of their ability to file objections within fourteen (14) days and that failure to do so waived appellate review. To date, the parties have not filed any objections 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 PFRD (Doc. 42) is HEREBY ADOPTED; 2) Defendants Harvey, Mendoza, and Fuentes’ motion for summary judgment (Doc. 28) is GRANTED in part as set forth in the Magistrate Judge’s PFRD; 3) Defendants Calvillo and Bradshaw’s motion to dismiss is GRANTED in part as set forth in the Magistrate Judge’s PFRD; 4) Plaintiff’s motions to supply on going evidence (Doc. 29), for summary judgment (Doc. 37), and appointment of counsel (Doc. 41) are DENIED as moot; and 5) Plaintiff’s complaint is DISMISSED WITH PREJUDICE. ___________________________________ M. CHRISTINA ARMIJO UNITED STATES DISTRICT JUDGE

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