Gonzales v. Clark

Full title: MELISENDRO E. GONZALES, Plaintiff, v. OFFICER WAYNE CLARK, et al…

Court: United States District Court, D. New Mexico

Date published: Jan 30, 2007

Case No. CIV-05-0081 MV/LAM (D.N.M. Jan. 30, 2007)

Opinion

Case No. CIV-05-0081 MV/LAM.

January 30, 2007

FINAL ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

MARTHA VAZQUEZ, District Judge

THIS MATTER is before the Court on Magistrate Judge Lourdes A. Martinez' Proposed Findings and Recommended Disposition ( Doc. 36), filed on August 7, 2006. On September 6, 2006, Plaintiff Melisendro E. Gonzales filed objections to the proposed findings and recommended disposition and his objections were timely filed.¹ Having reviewed the proposed findings and recommended disposition and Mr. Gonzales' objections, the Court has determined that it will adopt the proposed findings and recommended disposition, grant Defendants' Motion to Dismiss Plaintiff's Civil Rights Complaint as Time-Barred ( Doc. 28), deny Plaintiff's motion to reinstate the Town of Bernalillo as a defendant in this case,² deny Plaintiff's Motion to Commence [a Hearing] ( Doc. 34), deny Plaintiff's Motion for Personal and/or Telephone Conference ( Doc. 35), and dismiss all of Plaintiff's claims and this case with prejudice. IT IS THEREFORE ORDERED that the Proposed Findings and Recommended Disposition ( Doc. 36) are ADOPTED by the Court.

1 The deadline for Mr. Gonzales to file objections to the proposed findings and recommended disposition was extended by the Court to September 15, 2006. See Order ( Doc. 38), filed on August 28, 2006.

2 This motion is contained in Plaintiff's Motion to Reinstate/Readmit Town of Bernalillo and Statement/Response Showing Cause as to Why Case Should Not be Dismissed [and] Notification of Change of Address ( Doc. 32).

IT IS FURTHER ORDERED that Defendants' Motion to Dismiss Plaintiff's Civil Rights Complaint as Time-Barred ( Doc. 28) is GRANTED. IT IS FURTHER ORDERED that Plaintiff's motion to reinstate the Town of Bernalillo as a defendant in this case (contained in Plaintiff's Motion to Reinstate/Readmit Town of Bernalillo and Statement/Response Showing Cause as to Why Case Should Not be Dismissed [and] Notification of Change of Address ( Doc. 32)), Plaintiff's Motion to Commence [a Hearing] ( Doc. 34) and Plaintiff's Motion for Personal and/or Telephone Conference ( Doc. 35), are DENIED. IT IS FURTHER ORDERED that all of Plaintiff's claims and this case be DISMISSED WITH PREJUDICE and that a final judgment be entered concurrently with this order.

IT IS SO ORDERED.