Potter v. Torres et al

Filing 35

ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO DISMISS COUNT I FOR FALSE ARREST by District Judge Kea W. Riggs. The 34 Unopposed Motion to Dismiss Count I for False Arrest is GRANTED. Count I is DISMISSED WITH PREJUDICE. Each party shall bear his/her/its own legal costs and fees incurred in the dismissal of this Count. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

MURRAY POTTER,
Plaintiff,
v.

No. 2:20-cv-00823-KWR-KRS

DETECTIVE FRANK TORRES,
and CITY OF LAS CRUCES,
Defendants.
ORDER GRANTING DEFENDANTS’
UNOPPOSED MOTION TO DISMISS COUNT I FOR FALSE ARREST
THIS MATTER came before this Court on Defendants, Detective Frank Torres’ and City
of Las Cruces’ (collectively “Defendants”) Unopposed Motion to Dismiss Count I for False Arrest
with Prejudice. The Court has reviewed the Motion, and arguments and supporting authorities
cited therein and considered that Plaintiff does not oppose the relief sought by Defendants.
Accordingly, this Court finds that Defendants’ Unopposed Motion to Dismiss Count I for False
Arrest is WELL-TAKEN and should be GRANTED.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that:
A.

Count I is DISMISSED WITH PREJUDICE.

B.

Each Party shall bear his/her/its own legal costs and fees incurred in the dismissal

of this Count.

____________________________________

KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

Submitted by:
ROBLES, RAEL & ANAYA
By:
/s/ Philomena Hausler
Philomena Hausler
Luis Robles
500 Marquette Ave., NW, Suite 700
Albuquerque, New Mexico 87102
[phone] (telephone)
[phone] (facsimile)
[e-mail]
[e-mail]
Attorneys for City Defendants
Approved by:
Via email on July 13, 2021
Margaret Strickland
MCGRAW & STRICKLAND, LLC
165 West Lucero Ave.
Las Cruces, NM 88005
[phone]
[e-mail]
Attorney for Plaintiff

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