Garcia v. Sena et al

Filing 82

ORDER by Magistrate Judge Kevin R. Sweazea granting 80 Motion to Extend Martinez Report. Martinez Report due August 10, 2022. Response due September 12, 2022. Reply due October 12, 2022. (atc)

Case 2:20-cv-00601-DHU-KRS Document 82 Filed 08/02/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VICTOR GARCIA,
Plaintiff,
vs.

Case No. 20-cv-601 DHU/KRS

ALBERT SENA, et al.,
Defendants.
ORDER GRANTING MOTION FOR EXTENSION OF TIME
TO FILE MARTINEZ REPORT
THIS MATTER is before the Court on Defendants’ Motion for Extension of Time to File
Martinez Report, (Doc. 80), filed July 26, 2022. Defendants ask for a 15-day extension of their
deadline to file a Martinez Report due to the scope of Plaintiff’s claims and volume of relevant
documents. Having considered the motion and record of the case, the Court finds the Motion for
Extension of Time is well-taken and shall be GRANTED. The parties are reminded that the
Court may use a Martinez Report in a variety of contexts, including to decide motions for
summary judgment or to sua sponte enter summary judgment. See Hall v. Bellmon, 935 F.2d
1106, 1111‐12 (10th Cir. 1991); Celotex Corp. v. Catrett, 477 U.S. 317, 326 (1986). When a
Martinez Report is used for summary judgment purposes, a pro se plaintiff must be afforded an
opportunity to present conflicting evidence to controvert the facts set out in the report. Hall, 935
F.2d at 1109. To that end, Defendants should submit all materials they consider relevant to
Plaintiff’s claims and defenses. Plaintiff shall do the same in his response.
IT IS THEREFORE ORDERED that Defendants’ Motion for Extension of Time to File
Martinez Report, (Doc. 80), is GRANTED. Defendants’ Martinez Report is due by

Case 2:20-cv-00601-DHU-KRS Document 82 Filed 08/02/22 Page 2 of 2

August 10, 2022. Plaintiff’s response to the facts contained in the Martinez Report is due by
September 12, 2022, and Defendants’ reply, if any, is due by October 12, 2022.

IT IS SO ORDERED.
__________________________________
KEVIN R. SWEAZEA
UNITED STAGES MAGISTRATE JUDGE