United States District Court, D. New Mexico
EMMA SERNA, d/b/a SERNA & ASSOCIATES CONSTRUCTION CO., LLC, Plaintiff,
MARGETTE WEBSTER; DAVID WEBSTER; STATE OF NEW MEXICO, U.S. Judicial Court Division; CLAYTON CROWLEY; ALEX CHISHOLM; CARL BUTKUS; CINDY MOLINA; ALAN MALOTT; BEATRICE BRICKHOUSE; BOBBY JO WALKER; JAMES O'NEAL; ROBERT BOB SIMON; ESTATE OF PAUL F. BECHT; CARL A. CALVERT; JOEY MOYA; AMY MAYER; GARCIA MADELIENE; ARTHUR PEPIN; MONICA ZAMORA; CHERYL ORTEGA; JOHN DOE #1; PAT MCMURRAY; MARTHA MUTILLO; SALLY GALANTER; NEW MEXICO CONSTRUCTION INDUSTRIES DIVISION; ROBERT “MIKE” UNTHANK; MARTIN ROMERO; AMANDA ROYBAL; NAN NASH and JOHN WELLS, Defendants. v.
Serna d/b/a Serna & Associates Construction Co., LLC
Plaintiff pro se
Margette Webster Defendant pro se, David Webster Defendant
Balderas Attorney General for the State of New Mexico Ari
Biernoff Assistant Attorney General Office of the Attorney
General Santa Fe, New Mexico Attorneys for Defendants State
of New Mexico, Carl Butkus, Cindy Molina, Alan Malott,
Beatrice Brickhouse, Bobby Jo Walker, James O'Neal, Joey
Moya, Amy Mayer, Garcia Madeliene, Arthur Pepin, Monica
Zamora, Cheryl Ortega, and Nan Nash
William David Grieg The Law Office of William D. Grieg, LLC
Albuquerque, New Mexico Attorneys for Defendant Clayton
Chisolm Defendant pro se
R. Guebert Robert Gentile Guebert Bruckner, PC Albuquerque,
New Mexico and Seth Sparks Rodey, Dickason, Sloan, Akin &
Robb Albuquerque, New Mexico Attorneys for Defendant Robert
of Paul F. Becht Albuquerque, New Mexico Defendant pro se
P. Burton Charles R. Hughson Rodey, Dickason, Sloan, Akin
& Robb Albuquerque, New Mexico Attorneys for Defendant
Carl A. Calvert
Kenneth C. Downes Kenneth C. Downes & Associates, PC
Corrales, New Mexico Attorneys for Defendants Martha Murillo,
Sally Galanter, New Mexico Construction Industries Division,
Robert Unthank, Martin Romero, and Amanda Roybal
Wells Defendant pro se
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE
JUDGE'S THIRD PROPOSED FINDINGS AND RECOMMENDED
DISPOSITION, DISMISSING THIS CASE WITH PREJUDICE, AND
IMPOSING FILING RESTRICTIONS UPON PLAINTIFF, EMMA
MATTER comes before the Court on the Magistrate
Judge's Third Proposed Findings and Recommended
Disposition, filed January 26, 2018 (Doc. 172)(“Third
PFRD”). The Court, having conducted a de novo review,
concludes that the Honorable Judge Jerry H. Ritter, United
States Magistrate Judge's conclusions and recommendations
in the Third PFRD are not clearly erroneous, arbitrary,
obviously contrary to law, or an abuse of discretion. The
Court, therefore, will adopt the Third PFRD. Accordingly, the
Court will dismiss this case with prejudice and impose filing
restrictions on Plaintiff Emma Serna as set forth in the
Court's Memorandum Opinion Order Adopting the Magistrate
Judge's Proposed Findings and Recommended Disposition at
91-92, filed September 30, 2017 (Doc.
153)(“MOO”). The Court denies all other pending
motions as moot.
Honorable William P. Lynch, United States Magistrate Judge,
set forth the case's full history in the Second Proposed
Findings and Recommended Disposition, filed May 4, 2017 (Doc.
118)(“Second PFRD”). The Court will not repeat
those facts here. The case arises from Serna's
construction contract dispute with Defendants Margette
Webster and David Webster in state court. See Second
PFRD at 4-5. Serna lost in state court.
now sues the Websters, their attorney, the attorneys that
represented her, sthe judges that presided over Serna's
case, and various clerks and employees of the New Mexico
courts and agencies that investigated Serna's claims; she
also generally asserts “that over thirty defendants
have violated her constitutional rights and engaged in a
widespread conspiracy against her.” Second PFRD at
5-11. In all, Serna brought 26 counts against the Defendants.
See Second PFRD at 11-18. In the Second PFRD, which
addressed 53 separate filings, Magistrate Judge Lynch
recommended that the Court dismiss most of Serna's claims
and impose filing restrictions on her. See Second
PFRD at 44. The Court adopted Magistrate Judge Lynch's
recommendations on September 30, 2017. See MOO at 1.
Relevant here, the Court ordered the following:
1. Serna may file one amended complaint as only to Defendants
[Alex] Chisholm, [Robert] Simon and the Estate of Paul Becht.
Serna must file the amended complaint within ten days from
this Order's date of entry, and may not contain criminal
charges of any kind.
2. Serna may show cause, in one written document, why filing
restrictions should not be imposed against her. Serna must
submit this document within ten days from this Order's
date of entry and must not contain spurious allegations of
bribery, collusion, or other fancies that the world has
conspired against her.
3. The Clerk of Court is directed not to accept any other
filings, other than those described in (1) and (2), from
Serna in this matter until further Order of the Court.
4. Unless Serna files a timely and compliant response, the
Court will impose the following restrictions on Serna on the
eleventh day ...