T.H. v. Martinez et al
| T H |
| Michael Andrew Martinez, Dona Ana County Board of Commissioners and Dona Ana County |
| 2:2024cv00887 |
| September 5, 2024 |
| U.S. District Court for the District of New Mexico |
| Margaret I Strickland |
| Kevin R Sweazea |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 ANSWER to #27 Amended Complaint, Second Amended Complaint by Michael Andrew Martinez.(Wells, Deborah) |
| Filing 28 CERTIFICATE OF SERVICE by Dona Ana County Board of Commissioners (Martinez, Jonlyn) |
| Filing 27 AMENDED COMPLAINT Plaintiff's Second Amended Complaint to Recover Damages for Deprivation of Federal Civil Rights and Violations of the New Mexico Tort Claims Act and New Mexico Civil Rights Act against Dona Ana County Board of Commissioners, Michael Andrew Martinez., filed by T H. (Kennedy, Shannon) |
Filing 26
ORDER by District Judge Margaret I. Strickland GRANTING #25 Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint. Plaintiff has until and including November 1, 2024, to file a Second Amended Complaint. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mhs)
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| Filing 25 Unopposed MOTION for Leave to File Second Amended Complaint by T H. (Attachments: #1 Exhibit Ex 1 - Second Amended Federal Civil Rights Complaint - FINAL FORMATTED 10-23-24) (Kennedy, Shannon) |
| Filing 24 PLEASE TAKE NOTICE that this case has been randomly 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 Magistrate Jud Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 23 NOTICE by T H Non-Availability (Kennedy, Shannon) |
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Filing 22
ORDER by Magistrate Judge Kevin R. Sweazea DENYING as moot #16 Plaintiff's Unopposed Motion For Leave To Amend the Case Caption Based on Plaintiff's First Amended Complaint. Plaintiff has since filed the First Amended Complaint with the correct case caption #20 , which supersedes the original complaint with the old case caption. Accordingly, leave to amend the case caption is not necessary. Finding as moot #16 Motion to Amend/Correct [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm)
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| Filing 21 NOTICE OF WITHDRAWAL OF DOCUMENT as to document #13 Motion to Dismiss for Failure to State a Claim, by Dona Ana County Board of Commissioners (Martinez, Jonlyn) |
| Filing 20 AMENDED COMPLAINT Plaintiff's First Amended Complaint to Recover Damages for Deprivation of Federal Civil Rights and Violations of the New Mexico Tort Claims Act and New Mexico Civil Rights Act against Dona Ana County Board of Commissioners, Dona Ana County, Michael Andrew Martinez. terminating Diana Murillo (County Commissioner), Shannon Reynolds (County Commissioner), Manuel A Sanchez (County Commissioner, in their official capacities), Christopher Schaljo-Hernandez (County Commissioner), Susana Chaparro (County Commissioner) and Fernando Macias (County Manager, in his official capacity, comprise)., filed by T H. (Kennedy, Shannon) |
| Filing 19 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Michael Andrew Martinez 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. (Wells, Deborah)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 18 ANSWER to #1 Complaint, by Michael Andrew Martinez. Related document: #1 Complaint, filed by T H.(Wells, Deborah) |
| Filing 17 NOTICE of Appearance by Deborah D. Wells on behalf of Michael Andrew Martinez (Wells, Deborah) |
| Filing 16 Unopposed MOTION to Amend/Correct Case Caption Based on Plaintiff's First Amended Complaint by T H. (Attachments: #1 Exhibit Ex 1 - Plaintiff's First Amended Federal Civil Rights Complaint) (Kennedy, Shannon) |
| Filing 15 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Susana Chaparro, Dona Ana County, Dona Ana County Board of Commissioners, Fernando Macias, Michael Andrew Martinez, Diana Murillo, Shannon Reynolds 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. (Martinez, Jonlyn)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 14 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 21 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kls)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER by Magistrate Judge Kevin R. Sweazea. Considering the pending motion seeking dispositive relief, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the pending motion is resolved. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (efw)
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| Filing 13 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Susana Chaparro, Dona Ana County, Dona Ana County Board of Commissioners, Fernando Macias, Diana Murillo, Shannon Reynolds, Manuel A Sanchez, Christopher Schaljo-Hernandez. (Martinez, Jonlyn) |
| Filing 12 NOTICE of Appearance by Jonlyn M Martinez on behalf of Susana Chaparro, Dona Ana County, Dona Ana County Board of Commissioners, Fernando Macias, Diana Murillo, Shannon Reynolds, Manuel A Sanchez, Christopher Schaljo-Hernandez (Martinez, Jonlyn) |
| Filing 11 SUMMONS Returned Executed by T H. Michael Andrew Martinez served on 9/16/2024, answer due 10/7/2024. (Kennedy, Shannon) |
| Filing 10 SUMMONS Returned Executed by T H. Dona Ana County Board of Commissioners served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 9 SUMMONS Returned Executed by T H. Susana Chaparro served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 8 SUMMONS Returned Executed by T H. Shannon Reynolds served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 7 SUMMONS Returned Executed by T H. Manuel A Sanchez served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 6 SUMMONS Returned Executed by T H. Diana Murillo served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 5 SUMMONS Returned Executed by T H. Christopher Schaljo-Hernandez served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 4 SUMMONS Returned Executed by T H. Dona Ana County served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| Filing 3 SUMMONS Returned Executed by T H. Fernando Macias served on 9/10/2024, answer due 10/1/2024. (Kennedy, Shannon) |
| 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) |
| Summons Issued as to Susana Chaparro, Dona Ana County, Dona Ana County Board of Commissioners, Fernando Macias, Michael Andrew Martinez, Diana Murillo, Shannon Reynolds, Manuel A Sanchez, Christopher Schaljo-Hernandez. (jg) |
| United States Chief Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kevin R. Sweazea assigned. (dr) |
| Filing 1 COMPLAINT to Recover Damages for Deprivation of Federal Civil Rights and Violations of the New Mexico Tort Claims Act and New Mexico Civil Rights Act against All Defendants ( Filing Fee - Online Payment), filed by T H. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment "A" to Civil Cover Sheet)(Kennedy, Shannon) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9530802 re #1 Complaint, filed by T H (Payment made via Pay.gov)(Kennedy, Shannon) |
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