Serna v. Andrade

Filing 44

AMENDED ORDER ADOPTING 40 REPORT AND RECOMMENDATIONS by District Judge Matthew L. Garcia DENYING 18 Motion for Summary Judgment; DENYING 21 MOTION to Rule in my favor; DENYING 24 SECOND MOTION to Rule; DENYING 35 MOTION to rule; and DENYING 36 Motion for Summary Judgment filed by Antonio Serna. (gr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ____________________ ANTONIO SERNA, Plaintiff, v. Case No. 2:23-cv-00076-MLG-JFR FNU ANDRADE, Defendant. AMENDED ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION This matter is before the Court on the Proposed Findings and Recommended Disposition by United States Magistrate Judge John F. Robbenhaar, filed March 6, 2024. Doc. 40. The parties had until March 20, 2024, to file any objections. Id. The parties have not filed any objections. The failure to make timely objections to the Magistrate Judge’s Proposed Findings and Recommended Disposition waives appellate review of both factual and legal questions. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10th Cir. 1996). It is therefore ordered that the Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 40) are adopted. Serna’s motions (Docs. 18, 21, 24, 35, and 36) are denied without prejudice. ____________________________________ UNITED STATES DISTRICT JUDGE MATTHEW L. GARCIA

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