Hare v. Baur et al, No. 2:2019cv01091 - Document 97 (D.N.M. 2020)
Court Description: MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack OVERRULING 76 Notice (Other). (yc)
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Hare v. Baur et al Doc. 97 Case 2:19-cv-01091-RB-GJF Document 97 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 OBJECTION THIS MATTER comes before the Court on Plaintiff’s Notice of Satisfaction of Sanctions & Objection to the Illegally-Ordered Sanctions. (Doc. 76.) Judge Fouratt ordered “Plaintiff to pay Defendants’ counsel, Michael Bebeau, Esq., monetary sanctions representing a reasonable amount of attorney’s fees incurred by Mr. Bebeau in connection with appearing at a hearing at which Plaintiff inexcusably failed to show.” (Doc. 69.) Plaintiff objects to the sanctions imposed by Judge Fouratt asserting that “Judge Fouratt has clearly engaged in illegal activities by presiding over proceedings and matters that exceed his original designation to conduct the initial poverty review pursuant to 28 U.S.C. § 1915.” (Doc. 76 at 1.) The Court overrules Plaintiff’s Objection because Judge Fouratt was authorized to impose sanctions for Plaintiff’s failure to appear at the May 21, 2020, status conference. (See Doc. 70 at Dockets.Justia.com Case 2:19-cv-01091-RB-GJF Document 97 Filed 09/02/20 Page 2 of 2 1–2, (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
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