Malone v. New Mexico Corrections Department et al
Plaintiff: Johnny Malone
Defendant: New Mexico Corrections Department, New Mexico Parole Board, Management and Training Corporation, Cisco McSorley, Alisha Tafoya Lucero, Melanie Martinez, Kevin Nault, Brianne Bigej, Rick Martinez and Amanda Labrado
Case Number: 2:2021cv01015
Filed: October 19, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: William P Johnson
Referring Judge: Karen B Molzen
2 Judge: Margaret I Strickland
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2021 Opinion or Order Filing 16 ORDER by Magistrate Judge Karen B. Molzen setting a Settlement Conference for 3/17/2021 at 09:30 AM via FedRamp-Compliant Zoom before Magistrate Judge Karen B. Molzen. Position statements are due to chambers on or before 3/10/2021. (am)
December 3, 2021 Opinion or Order Filing 15 Clerk's Minutes for proceedings held before Magistrate Judge Karen B. Molzen: Status Conference held via FedRamp-Compliant Zoom on 12/2/2021. Participants included Kenneth Stalter for Plaintiff; Michael Dickman for Defendants New Mexico Corrections Department, New Mexico Parole Board, Cisco McSorely, Alisha Tafoya Lucero, Melanie Martinez, Kevin Nault, and Brianne Bigej; and Christina Gooch for Defendants Management & Training Corp., Amanda Labrado, and Rick Martinez. Mr. Dickman made an oral motion to withdraw #8 Defendants Unopposed Motion to Stay Discovery Based on Qualified Immunity. The Court granted Mr. Dickmans motion, and after conferring with counsel, finds that it is in the best interest of the parties and will conserve judicial resources to stay discovery pending a settlement conference, which the Court will hold via Zoom on March 17, 2022, at 9:00 a.m. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (am)
December 2, 2021 Opinion or Order Filing 14 NOTICE of Briefing Complete by Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley re #4 MOTION for Summary Judgment as to Count II of Complaint Based on Qualified Immunity filed by Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley (Dickman, Michael)
December 2, 2021 Opinion or Order Filing 13 REPLY to Response to Motion re #4 MOTION for Summary Judgment as to Count II of Complaint Based on Qualified Immunity filed by Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley. (Dickman, Michael)
December 1, 2021 Opinion or Order Filing 12 ORDER by Magistrate Judge Karen B. Molzen setting a Status Conference for 12/2/2021 at 9:30 AM MST via FedRamp-Compliant Zoom before Magistrate Judge Karen B. Molzen. The Court will provide login instructions to counsel in advance of the conference. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (am)
November 23, 2021 Opinion or Order Filing 11 NOTICE of Briefing Complete by Brianne Bigej, Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley, Kevin Nault, New Mexico Corrections Department, New Mexico Parole Board re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count I and Count III of Complaint) filed by Kevin Nault, New Mexico Corrections Department, Alisha Tafoya Lucero, Melanie Martinez, Brianne Bigej, New Mexico Parole Board, Cisco McSorley (Dickman, Michael)
November 23, 2021 Opinion or Order Filing 10 REPLY to Response to Motion re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count I and Count III of Complaint) filed by Brianne Bigej, Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley, Kevin Nault, New Mexico Corrections Department, New Mexico Parole Board. (Dickman, Michael)
November 18, 2021 Opinion or Order Filing 9 RESPONSE to Motion re #4 MOTION for Summary Judgment as to Count II of Complaint Based on Qualified Immunity filed by Johnny Malone. (Stalter, Kenneth)
November 15, 2021 Opinion or Order Filing 8 Unopposed MOTION to Stay Discovery Based on Qualified Immunity by Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley. (Dickman, Michael)
November 9, 2021 Opinion or Order Filing 7 RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count I and Count III of Complaint) filed by Johnny Malone. (Stalter, Kenneth)
November 8, 2021 Opinion or Order Filing 6 NOTICE by Amanda Labrado, Management and Training Corporation, Rick Martinez re #1 Notice of Removal,, Notice of Consent to Removal (Gooch, Christina)
November 8, 2021 Opinion or Order Filing 5 ANSWER to Complaint (Notice of Removal) by Amanda Labrado, Management and Training Corporation, Rick Martinez. (Gooch, Christina)
November 4, 2021 Opinion or Order Filing 4 MOTION for Summary Judgment as to Count II of Complaint Based on Qualified Immunity by Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley. (Attachments: #1 Affidavit (Cisco McSorley), #2 Exhibit, #3 Exhibit, #4 Affidavit (Alisha Tafoya Lucero), #5 Affidavit (Melanie Martinez)) (Dickman, Michael)
November 4, 2021 Opinion or Order Filing 3 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Chief District Judge William P. Johnson no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cmm)
October 26, 2021 Opinion or Order Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Count I and Count III of Complaint) by Brianne Bigej, Alisha Tafoya Lucero, Melanie Martinez, Cisco McSorley, Kevin Nault, New Mexico Corrections Department, New Mexico Parole Board. (Dickman, Michael)
October 19, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Alisha Tafoya Lucero, New Mexico Parole Board, Melanie Martinez, Brianne Bigej, New Mexico Corrections Department, Kevin Nault, Cisco McSorley from First Judicial District Court, case number D-101-CV-2021-01996. ( Filing Fee - Online Payment), filed by Alisha Tafoya Lucero, New Mexico Parole Board, Melanie Martinez, Brianne Bigej, New Mexico Corrections Department, Kevin Nault, Cisco McSorley. (Attachments: #1 Exhibit Complaint, #2 Civil Cover Sheet)(Dickman, Michael)
October 19, 2021 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7947342 re #1 Notice of Removal,, filed by Kevin Nault, New Mexico Corrections Department, Alisha Tafoya Lucero, Melanie Martinez, Brianne Bigej, New Mexico Parole Board, Cisco McSorley (Payment made via Pay.gov)(Dickman, Michael)
October 19, 2021 Opinion or Order Chief United States District Judge William P. Johnson and United States Magistrate Judge Karen B. Molzen assigned. (jg)
October 19, 2021 Opinion or Order Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)

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Search for this case: Malone v. New Mexico Corrections Department et al
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Plaintiff: Johnny Malone
Represented By: Kenneth Harding Stalter
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Defendant: New Mexico Corrections Department
Represented By: Michael Dickman
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Defendant: New Mexico Parole Board
Represented By: Michael Dickman
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Defendant: Management and Training Corporation
Represented By: Christina Muscarella Gooch
Represented By: Mingjie Hoemmen
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Defendant: Cisco McSorley
Represented By: Michael Dickman
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Defendant: Alisha Tafoya Lucero
Represented By: Michael Dickman
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Defendant: Melanie Martinez
Represented By: Michael Dickman
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Defendant: Kevin Nault
Represented By: Michael Dickman
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Defendant: Brianne Bigej
Represented By: Michael Dickman
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Defendant: Rick Martinez
Represented By: Christina Muscarella Gooch
Represented By: Mingjie Hoemmen
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Defendant: Amanda Labrado
Represented By: Christina Muscarella Gooch
Represented By: Mingjie Hoemmen
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