Hare v. Baur et al, No. 2:2019cv01091 - Document 94 (D.N.M. 2020)
Court Description: MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack OVERRULING 54 Response. (yc)
Download PDF
<![CDATA[
Hare v. Baur et al Doc. 94 Case 2:19-cv-01091-RB-GJF Document 94 Filed 09/02/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO THOMAS HARE, Plaintiff, v. No. 2:19-cv-01091-RB-GJF BENNETT J. BAUR, an individual; STATE OF NEW MEXICO LAW OFFICES OF THE PUBLIC DEFENDER; JENNIFER BIRMINGHAM, an individual; JAMES WALKER, an individual; and MICHELLE HALEY, an individual; Defendants. MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS THIS MATTER comes before the Court on Plaintiff’s Response and Objection to Order to Show Cause Issued by Magistrate Judge Gregory Fouratt on May 21, 2020; Plaintiff’s Objection to the Illegal Hearing Held by Magistrate Judge Gregory Fouratt on May 21, 2020; and Plaintiff’s Objection to Status Conference Set for 6/9/2020 (Doc. 54) filed June 8, 2020. On May 21, 2020, Judge Fouratt ordered Plaintiff to show cause why Plaintiff failed to appear for the telephonic status conference set for May 21, 2020, and why Plaintiff should not be sanctioned for his failure to appear. (See Doc. 53 (“Order to Show Cause”).) On May 21, 2020, Judge Fouratt entered an order resetting the telephonic status conference for June 9, 2020. (See Doc. 52.) Plaintiff objects to (i) Judge Fouratt’s Order to Show Cause, (ii) Judge Fouratt conducting the May 21, 2020, telephonic status conference, and (iii) Judge Fouratt resetting the status conference for June 9, 2020. (Doc. 54.) Plaintiff contends that Judge Fouratt did not have the Dockets.Justia.com Case 2:19-cv-01091-RB-GJF Document 94 Filed 09/02/20 Page 2 of 2 authority to conduct the May 21, 2020 status conference because Plaintiff did not consent to Judge Fouratt conducting proceedings. The Court overrules Plaintiff’s Objections because Judge Fouratt was authorized to enter the Order to Cause, conduct the May 21, 2020, status conference, and set the June 9, 2020, status conference. (See Doc. 70 (explaining that Judge Fouratt was properly authorized to preside over all non-dispositive pre-trial matters in this case).) IT IS SO ORDERED. ________________________________ ROBERT C. BRACK SENIOR U.S. DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
