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Rios-Moreno v. James

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Feb 25, 2013
No. CIV 11-971 LH/LFG (D.N.M. Feb. 25, 2013)

Opinion

No. CIV 11-971 LH/LFG

02-25-2013

JOSE RIOS-MORENO, Plaintiff, v. MARY JAMES, Health Services Administrator, and JUNE KERSHNER, Nurse Practitioner, Defendants.


ORDER ADOPTING MAGISTRATE JUDGE'S ANALYSIS

AND RECOMMENDED DISPOSITION

AND DISMISSING ACTION WITH PREJUDICE

THIS MATTER is before the Court on the Magistrate Judge's Analysis and Recommended Disposition, filed January 2, 2013 [Doc. 30]. Magistrate Judge Garcia recommended that summary judgment on Plaintiff Jose Rios-Moreno's ("Rios-Moreno") federal and state law claims be granted in favor of Defendants and that the Complaint be denied and dismissed, with prejudice. Rios-Moreno had until January 22, 2013, to file objections, and was advised that the failure to file timely objections would preclude appellate review. [Doc. 30, at 1, n.2 (citing Wirsching v. Colorado, 360 F.3d 1191, 1197 (10th Cir. 2004) (discussing Tenth Circuit's firm waiver rule)]. Rios-Moreno did not file any objections or a request for an extension of time to do so, and the deadline for filing objections expired ten (10) days ago.

The Court accepts the Magistrate Judge's Analysis and Recommended Disposition that summary judgment be granted in favor of Defendants and that Rios-Moreno's Complaint be dismissed, with prejudice.

IT IS HEREBY ORDERED that the Court adopts the United States Magistrate Judge's Analysis and Recommended Disposition.

IT IS FURTHER ORDERED that summary judgment is granted in favor of Defendants on all of Rios-Moreno's federal and state law claims, and that Rios-Moreno's Complaint and this matter are dismissed with prejudice.

________________

SENIOR UNITED STATES DISTRICT JUDGE


Summaries of

Rios-Moreno v. James

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Feb 25, 2013
No. CIV 11-971 LH/LFG (D.N.M. Feb. 25, 2013)
Case details for

Rios-Moreno v. James

Case Details

Full title:JOSE RIOS-MORENO, Plaintiff, v. MARY JAMES, Health Services Administrator…

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

Date published: Feb 25, 2013

Citations

No. CIV 11-971 LH/LFG (D.N.M. Feb. 25, 2013)