Corona v. City of Clovis et al

Filing 102

ORDER Granting 90 Motion to Continue Partial Stay of Proceedings Pending Resolution of Qualified Immunity Appeal by Chief Magistrate Judge Carmen E. Garza. (ead)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JORGE RAY CORONA,
Plaintiff,
v.

CV No. 17-805 JCH/CG

CITY OF CLOVIS, et al.,
Defendants.
ORDER GRANTING MOTION TO CONTINUE PARTIAL STAY OF PROCEEDINGS
PENDING RESOLUTION OF QUALIFIED IMMUNITY APPEAL
THIS MATTER is before the Court on Defendants’ Motion to Continue Partial
Stay of Proceedings Pending Resolution of Qualified Immunity Appeal (the “Motion”),
(Doc. 90), filed September 11, 2019. Plaintiff Jorge Ray Corona did not file a Response
to the Motion and the time for doing so has now passed. See D.N.M.LR-CIV 7.4(a) (“A
response must be served and filed within fourteen (14) calendar days after service of
the motion.”). In accordance with the local rules, Plaintiff’s failure to respond in
opposition to Defendants’ Motion is viewed as consent for the Court to grant the Motion.
See D.N.M.LR-CIV 7.1(b) (“The failure of a party to file and serve a response in
opposition to a motion within the time prescribed for doing so constitutes consent to
grant a motion.”).
IT IS THEREFORE ORDERED that Defendants’ Motion to Continue Partial Stay
of Proceedings Pending Resolution of Qualified Immunity Appeal, (Doc. 90), shall be
GRANTED.
IT IS SO ORDERED.

________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE