Opinion
1:23-cv-00331-JMR-GJF
10-18-2023
HAROLD ATENCIO, Plaintiff, v. SAM BREGMAN, in his official capacity as the District Attorney of the Second Judicial District, Defendant.
Taylor S. Rahn Attorney for Defendant Attorney for Defendant Benjamin Gubernick Gubernick Law P.L.L.C Attorney for Plaintiff
Taylor S. Rahn Attorney for Defendant Attorney for Defendant
Benjamin Gubernick Gubernick Law P.L.L.C Attorney for Plaintiff
STIPULATED JUDGMENT
JENNIFER M. ROZZONI UNITED STATES MAGISTRATE JUDGE
The parties have stipulated to dismissing this matter. Doc. 43. Based on the parties' agreement, it is HEREBY ORDERED that:
1. Judgment is entered in favor of plaintiff Harold Atencio and against defendant Sam Bregman, in his official capacity as Second Judicial District Attorney for the State of New Mexico;
2. Defendant Bregman is permanently enjoined from enforcing NMSA 1978, Section 32A-4-33d because the parties agree that the reasoning in Peck v. McCann, 43 F. 4th 1116 (10th Cir. 2022) is applicable here.
3. Plaintiff is awarded attorney's fees and costs in the amount agreed to by the parties. This matter is hereby dismissed with prejudice.