Herrera v. City of Espanola

Opinion

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

DARREN HERRERA and PAULA GARCIA,

Plaintiffs,

v. No. 1:20-cv-00538-KWR-SCY

CITY OF ESPANOLA, a municipality, JANE ROES 1-3, JOHN DOES 1-2, DANIELLE BUSTOS, and XAVIER MARTINEZ in their individual capacities,

Defendants.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION

THIS MATTER is before the Court on Magistrate Judge Steven C. Yarbrough’s January 25, 2023, Proposed Findings and Recommended Disposition (“PFRD”). Doc. 73. In that PFRD, Judge Yarbrough recommended that the Court dismiss the fictitious defendants (Jane Roes 1-3 and John Does 1-2) because Plaintiffs did not timely identify and serve them. Id. at 1. Judge Yarbrough notified the parties that they had 14 days from service of the PFRD to file any objections to the PFRD. Id. at 2. 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. 73. 2. All claims against Defendants Jane Roes 1-3 and John Does 1-2 are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED.

L w. Ly UNITED STATES DISTRICT JUDGE