Craghead v. Dee King Trucking, LP

Opinion

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

KERRI CRAGHEAD, Individually and as Personal Representative of the Wrongful Death Estate of ROGER DERICK CRAGHEAD, deceased,

Plaintiff,

v. No. 1:22-cv-00931-KWR-SCY DEE KING TRUCKING, LP and MICHAEL COLE,

Defendants. ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION

THIS MATTER is before the Court on Magistrate Judge Steven C. Yarbrough’s December 23, 2022, Proposed Findings And Recommended Disposition (“PFRD”). Doc. 9. In that PFRD, Judge Yarbrough recommends that the Court dismiss Plaintiff’s amended complaint without prejudice for lack of jurisdiction. Id. at 3. Judge Yarbrough notified the parties that they had 14 days from service of the PFRD to file any objections to the PFRD. Id. 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. 9. 2. Plaintiff’s amended complaint is DISMISSED WITHOUT PREJUDICE. 3. A final order is ENTERED concurrently herewith. IT IS SO ORDERED.

KEA IGGS UNITED STATES DISTRICT JUDGE