United States District Court, D. New Mexico
ORDER ADOPTING THE MAGISTRATE JUDGE'S PROPOSED
FINDINGS AND RECOMMENDED DISPOSITION
HONORABLE M. CHRISTINA ARMIJO SENIOR UNITED STATES DISTRICT
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.
Fouratt detailed the background of Plaintiff s case in his
PFRD. See Doc. No. 80 at 2-3. A synopsis of relevant
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
(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.
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.
Standard for Objections to a ...