Casanova v. Ulibarri

Full title: JORGE CASANOVA Plaintiff v. ROBERT ULIBARRI, Defendant — AND — JORGE…

Court: United States District Court, D. New Mexico

Date published: Feb 9, 2010

CIV 08-0288 BB/CG, CIV 09-1121 MCA/CG (D.N.M. Feb. 9, 2010)

Opinion

CIV 08-0288 BB/CG, CIV 09-1121 MCA/CG.

February 9, 2010

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

CARMEN GARZA, Magistrate Judge

I am the referral Magistrate Judge in both of the above cases and am aware of the Tenth Circuit's opinion dated February 9, 2010, which reversed the dismissal of Casanova v. Ullibarri, CIV 08-288 BB/CG. The Tenth Circuit decision is to be published. See Casanova v. Ulibarri, ___ F.3d ___, 2010 WL 437335 (10^th Cir. 2/9/10). In light of that decision, I recommend that:

(1) my pending proposed findings Casanova v. Central New Mexico, CIV 09-1121 MCA/CG be withdrawn;

(2) both cases be held in abeyance pending the Tenth Circuit's mandate and,

(3) after the appeal concludes, both cases be consolidated.

IT IS SO RECOMMENDED.

THE PARTIES ARE FURTHER NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of a copy of these Proposed Findings and Recommended Disposition they may file written objections with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party must file any objections with the Clerk of the District Court within the fourteen-day period if that party wants to have appellate review of the proposed findings and recommended disposition. If no objections are filed, no appellate review will be allowed.