Cole v. Cibola County Board of County Commissioners et al
| Larry Cole |
| Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC and John Doe |
| 2:2023cv00137 |
| February 14, 2023 |
| US District Court for the District of New Mexico |
| Jerry H Ritter |
| Gregory B Wormuth |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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Filing 14
Order Terminating Motion as Moot by Magistrate Judge Jerry H. Ritter. Because the Court found good cause to delay issuing a scheduling order (see 5 ORDER) pending resolution of #3 MOTION TO DISMISS, and no discovery will occur until an initial scheduling order is issued, an order staying discovery would be redundant. The issue raised in #4 MOTION to Stay Discovery is thus moot. The Court thus TERMINATES #4 MOTION to Stay Discovery. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 13
NOTICE of Briefing Complete by Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CoreCivic Inc., CoreCivic of Tennessee, LLC, Cibola County Board of County Commissioners (Lee, Jacob)
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Filing 12
REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC. (Lee, Jacob)
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Filing 11
RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Larry Cole. (Thompson, Dwight)
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Filing 10
NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 9 Consent to Proceed Before a U.S. Magistrate Judge, filed by Larry Cole, 8 Consent to Proceed Before a U.S. Magistrate Judge,, filed by CoreCivic Inc., CoreCivic of Tennessee, LLC, Cibola County Board of County Commissioners. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Filing 9
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Larry Cole voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Thompson, Dwight)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 8
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lacaillade, Courtney)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 7
NOTICE by Larry Cole (Agreed Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss and Motion to Stay Discovery) (Thompson, Dwight)
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Filing 6
NOTICE of Appearance by Courtney T Lacaillade on behalf of Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC (Lacaillade, Courtney)
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Filing 5
ORDER Setting Deadline to Consent to Presiding Magistrate and Finding Good Cause to Delay Issuance of a Scheduling Order by Magistrate Judge Jerry H. Ritter. Unless otherwise notified by the Clerk or the Court, a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than Wednesday, March 8, 2023 (3/8/2023). The parties are free to withhold consent. Further, Defendants' #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM may be dispositive and, if granted, would eliminate the need for discovery. Per Fed. R. Civ. P. 16(b)(2), I thus find good cause to delay issuance of a scheduling order in this case until the motion is resolved. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 4
MOTION to Stay re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC. (Lee, Jacob)
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Filing 3
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cibola County Board of County Commissioners, CoreCivic Inc., CoreCivic of Tennessee, LLC. (Lee, Jacob)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Fifth Judicial District, Chaves County, case number D-504-CV-2022-00075. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Civil Cover Sheet, #2 Attachment to Civil Cover Sheet, #3 Exhibit 1 - State Court Complaint, #4 Exhibit 2 - State Court Filings, #5 Exhibit 3 - State Court Notice of Filing Removal, #6 Corporate Disclosure Statement)(Lee, Jacob)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8683998 re #1 Notice of Removal, filed by CoreCivic Inc., CoreCivic of Tennessee, LLC, Cibola County Board of County Commissioners (Payment made via Pay.gov)(Lee, Jacob)
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United States Chief Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Jerry H. Ritter assigned. (dr)
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Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (dr)
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