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Luczkovich v. Walmart Assocs.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Dec 1, 2011
CIV 11-0923 JCH/KBM (D.N.M. Dec. 1, 2011)

Opinion

CIV 11-0923 JCH/KBM

12-01-2011

JOHN LUCZKOVICH, Plaintiff, v. WALMART ASSOCIATES, Defendant.


ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND

DISMISSING ACTION WITHOUT PREJUDICE

The Magistrate Judge filed her proposed findings on October 26, 2011, and recommended that Plaintiff 's motion to proceed IFP be denied and his Complaint dismissed without prejudice under § 1915(e)(2)(B)(ii). See Doc. 7 at 6. The proposed findings notify Petitioner of his ability to file objections and that failure to do so waives appellate review. See id. at 1, n.1 The time to file objections expired on November 14, 2011. To-date, Petitioner has not filed any objections and there is nothing in the record indicating that the proposed findings were not delivered.

Wherefore,

IT IS HEREBY ORDERED AS FOLLOWS:

1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. # 7) is ADOPTED; and
2. This action is dismissed WITHOUT PREJUDICE pursuant to § 1915(e)(2)(B)(ii), Lister v. Dep't of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005), and Trujillo v. Williams, 465 F.3d 1210, 1217 (10th Cir. 2006) .

__________________________________

UNITED STATES DISTRICT JUDGE


Summaries of

Luczkovich v. Walmart Assocs.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Dec 1, 2011
CIV 11-0923 JCH/KBM (D.N.M. Dec. 1, 2011)
Case details for

Luczkovich v. Walmart Assocs.

Case Details

Full title:JOHN LUCZKOVICH, Plaintiff, v. WALMART ASSOCIATES, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: Dec 1, 2011

Citations

CIV 11-0923 JCH/KBM (D.N.M. Dec. 1, 2011)