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Diab v. Baca

United States District Court, D. New Mexico

July 5, 2018

RICHARD DIAB, Plaintiff,
v.
FNU BACA, et al., Defendants.

          ORDER ADOPTING THE MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

          THE HONORABLE M. CHRISTINA ARMIJO SENIOR UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on the Magistrate Judge's "Proposed Findings and Recommended Disposition" ("PFRD") issued May 3, 2018. Doc. No. 80. On reference by the undersigned [Doc. No. 4], United States Magistrate Judge Gregory J. Fouratt recommended that this Court: (1) grant summary judgment to Defendants; (2) dismiss Plaintiffs claims without prejudice for failure to exhaust his administrative remedies; and (3) deny all other extant motions as moot. Doc. No. 80 at 1. On May 14, 2018, Plaintiff filed his "Motion to Reconsider Decision to Dismiss Claims," which this Court construes as timely objections to the PFRD. Doc. No. 81. Defendants neither objected to the PFRD nor responded to Plaintiffs objections. On de novo review of the portions of the PFRD to which Plaintiff objects, the Court will overrule the objections and adopt the PFRD. Furthermore, the Court will grant summary judgment to Defendants, dismiss Plaintiffs Complaint [Doc. No. 1] without prejudice, and dismiss all other outstanding claims as moot. The Court's reasoning follows below.

         I. BACKGROUND

         Judge Fouratt detailed the background of Plaintiff s case in his PFRD. See Doc. No. 80 at 2-3. A synopsis of relevant facts follows.

         Plaintiff was briefly incarcerated in the Central New Mexico Correctional Facility ("CNMCF") beginning on August 18, 2016. See Id. In that short time, Plaintiff alleges that prison officials violated his civil rights by:

(1) issuing him one or more infested and/or unsanitary mattresses;
(2) providing an unsanitary toilet;
(3) failing to provide adequate cleaning supplies or a generally sanitary environment;
(4) failing to provide adequate medical care;
(5) failing to provide adequate means and methods to lodge his grievances; and
(6) making inappropriate statements to him.

         Despite Defendant alleging these grievances in the instant action, Steve Madrid, the statewide Grievance Appeals Coordinator for New Mexico Corrections Department ("NMCD"), reported that Plaintiff failed to exhaust any grievance by pursuing an appeal to the NMCD Cabinet Secretary or his designee, the Director of Adult Prisons. More importantly, Plaintiff admits that he did not exhaust his adminstrative remedies. Plaintiff defends his failure to exhaust by claiming that prison officials systematically denied prisoners at CNMCF the forms necessary to effectively pursue the administrative grievance process to its culmination.

         II. LEGAL STANDARDS

         A. Standard for Objections to a ...


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