Alonso v. Barham et al

Filing 51

STATUS REPORT ORDER by Magistrate Judge Stephan M. Vidmar. Counsel for Defendant Barham must file a status report no later than July 31, 2019. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JUAN CARLOS ALONSO,
Plaintiff,
v.

No. 16-cv-0903 MV/SMV

JULIE BARHAM and
CHILDREN, YOUTH AND FAMILIES
DEPARTMENT,
Defendants.
ORDER FOR STATUS REPORT
THIS MATTER is before the Court sua sponte. Discovery in this matter is stayed.1
Counsel for Defendant Barham must file a status report no later than July 31, 2019, updating the
Court on the status of the related criminal proceedings, Defendant Barham’s claim of
incompetence in state court, and in particular, the hearing that appears to have occurred in state
court on April 24, 2019.
IT IS SO ORDERED.

_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

1

On November 4, 2016, Defendant Barham requested that the Court stay discovery proceedings in this case because
her underlying criminal case had been stayed after she filed a “Notice of Inability to Proceed to Trial Due to
Incompetency of Defendant Due to Medical Conditions and Notice of Diminished Capacity.” [Docs. 20, 20-1]. The
request was unopposed, and the Court stayed proceedings for 60 days. [Doc. 21]. The Court extended the stay for
another 90 days on Defendant Barham’s second unopposed request. [Doc. 24]. On May 12, 2017, the Court granted
Defendant Barham’s motion for a continued stay because her criminal proceedings remain stayed pending resolution
of her claim of incompetency. [Doc. 35]. Although a competency hearing was held in state court on April 20, 2018,
no ruling was issued at that time. See [Doc. 40] at 1. Then, on February 22, 2019, the Court denied Plaintiff’s Motion
to Lift the Stay. [Doc. 50].