Opinion
CV 20-206 MV/CG
11-15-2021
CARNELL HUNNICUTT, SR., Plaintiff, v. DANIEL PETERS, et al., Defendants.
ORDER GRANTING MOTION TO EXTEND TIME TO FILE MARTINEZ REPORT
THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on Defendants' Motion of Defendants NMDOC and Southern New Mexico Correctional Facility for Extension of Time to File Their Martinez Report (the “Motion”), (Doc. 76), filed October 25, 2021. Plaintiff Carnell Hunnicutt, Sr. has filed no 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.”). Under Local Rule 7.1(b), “[t]he 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 the motion.” The Court will therefore GRANT the Motion.
IT IS THEREFORE ORDERED that Defendants shall have until October 27, 2021, to file their Martinez report.
IT IS SO ORDERED. 1