Kapelioujnyi
v.
Vaughn

United States District Court, D. New MexicoDec 20, 2010
CIV 09-0866 LH/GBW. (D.N.M. Dec. 20, 2010)

CIV 09-0866 LH/GBW.

December 20, 2010


ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION


The Magistrate Judge filed his Proposed Findings and Recommended Disposition on November 18, 2010. Doc. 26. The proposed findings notify the parties of their ability to file objections and that failure to do so waives appellate review. See id. at 20; see also Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). To date, neither party has filed any objections and there is nothing in the record indicating that the proposed findings were not delivered.

Wherefore,

IT IS HEREBY ORDERED that the Magistrate Judge's Proposed Findings and Recommended Disposition ( Doc. 26) is ADOPTED and the following is ORDERED:

(1) Defendants Martinez Report ( Doc. 17) is construed as a Motion for Summary Judgment and it is granted in part and denied in part;
(2) Summary Judgment is granted in favor of Defendants for all claims except for Plaintiff's Religious Freedom Restoration Act ("RFRA") claims seeking nominal and punitive damages and injunctive relief; and
(3) All of Plaintiff's claims except for his RFRA claims are dismissed with prejudice.