Royal v. Nor-Lea Hosp. Dist.

Full title: JULIAN ROYAL, Plaintiff, v. NOR-LEA HOSPITAL DISTRICT, et al., Defendants.

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

Date published: Mar 24, 2016

Civ. No. 13-748 WJ/KK (D.N.M. Mar. 24, 2016)

Opinion

Civ. No. 13-748 WJ/KK

03-24-2016

JULIAN ROYAL, Plaintiff, v. NOR-LEA HOSPITAL DISTRICT, et al., Defendants.

WILLIAM P. JOHNSON United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

THIS MATTER is before the Court on the Proposed Findings and Recommended Disposition by United States Magistrate Judge Kirtan Khalsa, filed March 4, 2016. (Doc. 75.) The parties have not filed any objections. The failure to make timely objections to the Magistrate Judge's Proposed Findings and Recommended Disposition waives appellate review of both factual and legal questions. U.S. v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10^th Cir. 1996).

IT IS THEREFORE ORDERED that the Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 75) is adopted as follows:

1. Defendants' Motion for Summary Judgment (Doc. 33) is GRANTED as to Mr. Royal's federal claims and his remaining state law claims are DISMISSED WITHOUT PREJDUICE; as such, Defendants' Motion for Summary Judgment as to the state law claims is DENIED AS MOOT;

2. Mr. Royal's Motion for Summary Judgment (Doc. 50) is DENIED;

3. Mr. Royal's motion for leave to file a second amended complaint, in the form of his Amended Civil Rights Complaint (Doc. 44), is DENIED;

4. Defendants' Motion to Strike Plaintiff's Amended Complaint and/or Motion to Amend Complaint (Doc. 45) is DENIED AS MOOT; and

5. Mr. Royal's Motion to Vacate Civil Rights Complaint Against Nurse Hart (Doc. 55) is DENIED AS MOOT.

IT IS SO ORDERED.

/s/ _________

WILLIAM P. JOHNSON

United States District Judge