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Serna v. Webster

United States District Court, D. New Mexico

April 5, 2018

EMMA SERNA, d/b/a SERNA & ASSOCIATES CONSTRUCTION CO., LLC, Plaintiff,
v.
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.

          Emma Serna d/b/a Serna & Associates Construction Co., LLC Albuquerque, New Mexico Plaintiff pro se

          Margette Webster Albuquerque, New Mexico Defendant pro se

          David Webster Albuquerque, New Mexico Defendant pro se

          Hector 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 Crowley

          Alex Chisolm Defendant pro se

          Terry 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 Bob Simon

          Estate of Paul F. Becht Albuquerque, New Mexico Defendant pro se

          John 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 John Wells Defendant pro se

          AMENDED[1] MEMORANDUM OPINION AND ORDER ADOPTING THEMAGISTRATE JUDGE'S THIRD PROPOSED FINDINGS AND RECOMMENDED DISPOSITION, DISMISSING THIS CASE WITH PREJUDICE, AND IMPOSING FILING RESTRICTIONS UPON PLAINTIFF, EMMA SERNA

         THIS 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.

         FACTUAL BACKGROUND

         The 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.

         PROCEDURAL BACKGROUND

         Serna 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 after this Order's date of entry:
a. To obtain permission to proceed pro se against the Defendants named herein, Serna must ...

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