Clark v. Haaland

• Court: District Court, D. New Mexico
• Decided: April 27, 2022
• Docket: 1:21-cv-01091
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

GUY CLARK; LINDA CORWIN; CRAIG CORWIN; WESLEY HANCHETT; RICHARD JONES; MICHAEL WRIGHT; and SAN JUAN AGRICULTURAL WATER USERS ASSOCIATION, Plaintiffs, Vs. CIV 21-1091 KG/SCY DEB HAALAND, in her official capacity as Secretary of the Interior; CAMILLE C. TOUTON, in her official capacity as Deputy Commissioner, United States Bureau of Reclamation; MARTHA WILLIAMS, in her official capacity as Principal Deputy Director, US. Fish & Wildlife Service; DR. RUDY SHEBALA, in his official capacity as Executive Director, Navajo Nation Division of Natural Resources; DAVID ZELLER, in his official capacity as head of Navajo Indian Agricultural Products Industries; JOHN ANTONIO, in his official capacity as State Engineer of the State of New Mexico; and ROLF SCHMIDT-PETERSEN, in his official capacity As Director of the New Mexico Interstate Stream Commission, Defendants.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION DISPOSITION This matter is before the Court on United States Magistrate Judge Steven C. Yarbrough’s April 6, 2022, Proposed Findings and Recommended Disposition (““PFRD”). (Doc. 43). Judge Yarbrough recommended that the Court strike the Complaint as to Plaintiff San Juan Agricultural Water Users Association’s claims and dismiss the Association without prejudice for

failure to be represented by an attorney and failure to respond to the Order to Show Cause. (Doc. 43). Judge Yarbrough notified the parties that they had 14 days from service of the PFRD to file any objections to the PFRD. (id. at 3). The parties have not filed any objections to the PFRD, thereby waiving their right to review of the proposed disposition. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). Furthermore, upon review of the PFRD, the Court concurs with Judge Yarbrough’s findings and recommendation. IT IS THEREFORE ORDERED THAT: 1. The Court ADOPTS Judge Yarbrough’s Proposed Findings and Recommended Disposition (Doc. 43); 2. Plaintiff San Juan Agricultural Water Users Association’s claims are struck from the Complaint (Doc. 1, including Errata filed as Doc. 13); and 3. Plaintiff San Juan Agricultural Water Users Association is dismissed without prejudice. IT IS SO ORDERED.

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