Garcia v. Tafoya-Lucero et al, No. 1:2022cv00129 - Document 23 (D.N.M. 2023)

Court Description: MEMORANDUM OPINION AND ORDER by District Judge James O. Browning DISMISSING WITH PREJUDICE 1 Complaint. (arp)

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Garcia v. Tafoya-Lucero et al Doc. 23 Case 1:22-cv-00129-JB-JHR Document 23 Filed 07/25/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JESSE L. GARCIA, Plaintiff, vs. No. CIV 22-0129 JB/JHR ALISHA TAFOYA-LUCERO, Cabinet Secretary, NMCD; JESSICA VIGIL RICHARDS, WNMCF/South Warden; FNU GARCIA, Mail Room, WNMCF, and CHELSEA WHITE, Deputy Warden, WNMCF/South, Defendants. MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Memorandum Opinion and Order, filed June 6, 2023 (Doc. 22)(“MOO”). In the MOO, the Court dismisses the Preliminary Injunction/TRO Complaint for Violation of Civil Rights, filed February 22, 2022 (Doc. 1) (“Complaint”). See MOO at 14. Nevertheless, the Court permits Plaintiff Jesse L. Garcia to amend his Complaint within thirty days of the MOO’s entry. See MOO at 14. Specifically, the Court advises Garcia that failure to file an amended complaint by the deadline could result in dismissal of this case with prejudice. See MOO at 14. To date, Garcia has not filed an amended complaint, sought an extension to do so, or otherwise responded to the MOO. The deadline within which he was permitted to do so has now passed. For these reasons and for the reasons set forth in the MOO, the Court dismisses this matter with prejudice. IT IS ORDERED that: (i) the Preliminary Injunction/TRO Complaint for Violation of Civil Rights, filed February 22, 2022 (Doc. 1), is dismissed with prejudice; (ii) this case is dismissed with prejudice; and (iii) the Court will enter Final Judgment separately. Dockets.Justia.com Case 1:22-cv-00129-JB-JHR Document 23 Filed 07/25/23 Page 2 of 2 ________________________________ UNITED STATES DISTRICT JUDGE Parties and counsel: Jesse L. Garcia Los Lunas, New Mexico Plaintiff pro se Andrew J. Deakyne Rodney Gabaldon Garcia Law Group, LLC Albuquerque, New Mexico -- and -Henry Narvaez Narvaez Law Firm, P.A. Albuquerque, New Mexico Attorneys for the Defendants -2-

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