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Suazo v. Romero

United States District Court, D. New Mexico

December 5, 2019

JOSEPH P. SUAZO, Plaintiff,
v.
DERICK ROMERO, Defendant.

          MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY, MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 18) and DENYING DEFENDANT'S MOTION FOR SANCTIONS (DOC. 13) AS MOOT

         THIS MATTER comes before the Court upon the following motions:

• Defendant's Motion to Dismiss, or, Alternatively, Motion for Judgment on the Pleadings on the Basis of Qualified Immunity, filed September 16, 2019 (Doc. 18); and
• Defendant's Motion for Sanctions, Motion to Dismiss or Alternatively, Motion for Judgment on the Pleadings on the Basis of Qualified Immunity, filed September 3, 2019 (Doc. 13).

         Having reviewed the parties' pleadings and the applicable law, the Court finds that Defendant's motion is well-taken and, therefore, is granted.

         BACKGROUND

         On February 11, 2019, Plaintiff filed a civil rights complaint in the First Judicial District Court in Santa Fe, New Mexico. Defendant removed the case to federal court on March 16, 2019 on the basis of federal jurisdiction under 28 U.S.C. §1331, and this Court's supplemental jurisdiction for the alleged state law claims under 28 U.S.C. §1367. The entirety of Plaintiff's civil complaint appears below:

         3. Plaintiffs claim arises from the following event or transaction: ________

         Doc. 1-1 (“Civil Complaint”). Because Plaintiff is proceeding pro se, the Court construes the complaint under a liberal standard. Ford v. Pryor, 552 F.3d 1174, 1178 (10th Cir. 2008). Plaintiff alleges the following claims:

• False imprisonment;
• Tampering with evidence
• False warrant for [illegible] harassment
• Brain injury
• Fracture of hip while incarcerated
• Incarceration “for no ...

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