Case: Amaro v. New Mexico

1:16-cv-00993 | U.S. District Court for the District of New Mexico

Filed Date: Sept. 2, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about allegations of civil rights deprivations at Guadalupe County Correctional Facility’s (GCCF). The plaintiff, a prisoner of GCCF, alleged that GCCF’s negligently operated a medical facility and a correctional facility, denied prisoners due process, subjected them to inhumane conditions of confinement, and unlawfully inflicted cruel and/or unusual punishment. On September 2, 2016, a prisoner of GCCF filed this lawsuit in the U.S. District Court for the District of New Mexico. …

This is a case about allegations of civil rights deprivations at Guadalupe County Correctional Facility’s (GCCF). The plaintiff, a prisoner of GCCF, alleged that GCCF’s negligently operated a medical facility and a correctional facility, denied prisoners due process, subjected them to inhumane conditions of confinement, and unlawfully inflicted cruel and/or unusual punishment. On September 2, 2016, a prisoner of GCCF filed this lawsuit in the U.S. District Court for the District of New Mexico. The plaintiff sued the State of New Mexico under 42 U.S.C. § 1983. Representing himself, the plaintiff sought injunctive relief regarding the allegedly flawed architectural design and faulty construction at all private “for-profit” prison facilities operating in New Mexico as well as declaratory relief mandating structural alterations of the prisons’ structural flaws, legal termination and/or dissolution of all State contracts with all private ‘for-profit’ prison companies operating in New Mexico. He also sought compensatory, punitive, and hedonic damages. The plaintiff claimed numerous instances of carbon monoxide exposure/poisoning of state prisoners occurred at GCCF and other similar facilities on December 28, 2012; January 4, 2013; January 19, 2013; January 21, 2013; and February 6, 2014. He further alleged that he filed grievances after the December 28, 2012 incident, and the February 6, 2014 incident, but obtained no relief. Judge Kenneth J. Gonzales was assigned to this case. Initially, Magistrate Judge William P Lynch was assigned to this case, but it was later reassigned to Magistrate Judge Jerry H. Ritter.

The same day he filed the complaint, the plaintiff filed a motion to appoint counsel. Magistrate Judge Lynch denied this motion. Later in the case, the plaintiff again filed a motion to appoint counsel, but the court declined to appoint counsel. Thus, the plaintiff proceeded pro se throughout the case.

Three months after the plaintiff filed his complaint, he filed a motion for summary judgment, but on September 15, 2017, Judge Gonzales denied the plaintiff’s motion for summary judgment and dismissed the plaintiff’s civil rights complaint with prejudice. 2017 WL 4142572. Judge Gonzalez explained that the plaintiff failed to state a claim because there must be a connection between the official conduct of government officials and a violation of a constitutional right. Conduct that is not connected to a constitutional violation is not actionable under § 1983. Judge Gonzalez also wrote that the plaintiff may not litigate other prisoner’s claims, and since he was barred by the statute of limitations, an opportunity for the plaintiff to amend the complaint would be futile. That same day, he entered judgment against the plaintiff. In response, the plaintiff filed a motion for reconsideration, as well as, a notice of appeal. On October 12, 2017, the U.S. Court of Appeals for the Tenth Circuit abated the appeal until the District Court resolved the motion for reconsideration. While the motion for reconsideration was pending, the plaintiff filed a motion to amend the complaint on October 24, 2017.

However, on October 30, 2017, Judge Gonzales denied the plaintiff’s motion for reconsideration writing that the motion does not rely on any intervening change in the controlling law or new evidence that was previously unavailable. 2017 WL 5001983. Judge Gonzales granted the plaintiff’s motion to proceed on appeal.

On June 13, 2018, the Tenth Circuit (Circuit Judge Monroe G. McKay) affirmed the denial of summary judgment and dismissal of the plaintiff’s claims. 737 Fed. Appx. 882. Though the Tenth Circuit affirmed the District Court’s conclusion regarding the untimeliness of plaintiff’s claims, they allowed the plaintiff to amend his claims against the individual state officials and prison employees for the February 2014 incident and related grievance proceeding that were not currently alleged with sufficient individual specificity. Accordingly, on July 26, 2018, Judge Gonzales granted the plaintiff leave to file one amended complaint but cautioned that plaintiff that this complaint should be a short and plain pleading and not reassert previously dismissed claims. After objecting to this order’s requirement of a short and plain pleading, on September 26, 2018, the plaintiff filed an amended complaint.

On May 28, 2020, Judge Gonzales dismissed the plaintiff’s amended complaint because the plaintiff failed to comply with the court’s requirement that the amended complaint be limited to the plaintiff’s claims against individual state officials and prison employees for an alleged February 2014 incident and related grievance proceeding, and that he may not reassert any other claims previously dismissed by the court. 2020 WL 2768974. Judge Gonzales explained that instead of following the court's requirement for the amended complaint, the plaintiff filed a 144 page long amended complaint naming in excess of 300 defendants and asserting 39 claims covering a 10-year period. The court noted that the plaintiff had a pattern of making “grossly overbroad and unsupported claims.” Judge Gonzalez also denied the plaintiff’s application to proceed without prepaying fees or costs because the appeal was not taken in good faith. That same day, Judge Gonzalez entered judgment dismissing the amended complaint without prejudice.

On June 30, 2020, the plaintiff filed a motion for reconsideration of the dismissal of the amended complaint. The case is ongoing.

Summary Authors

Zoe Van Dyke (10/11/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6200817/parties/amaro-v-state-of-new-mexico/


Judge(s)

Gonzales, Kenneth John (New Mexico)

McHugh, Carolyn Baldwin (Utah)

McKay, Monroe G. (Utah)

Phillips, Gregory Alan (Colorado)

Ritter, Jerry H (New Mexico)

Judge(s)

Gonzales, Kenneth John (New Mexico)

McHugh, Carolyn Baldwin (Utah)

McKay, Monroe G. (Utah)

Phillips, Gregory Alan (Colorado)

Ritter, Jerry H (New Mexico)

show all people

Documents in the Clearinghouse

Document

1:16-cv-00993

17-02178

Docket [PACER]

Amaro v. State of New Mexico

June 30, 2020

June 30, 2020

Docket
1 & 1-1

1:16-cv-00993

Civil Rights Complaint Pursuant to 42 U.S.C § 1983 and 1988, and 28 U.S.C. § 1331 and 1343(3)

Amaro v. State of New Mexico

Sept. 2, 2016

Sept. 2, 2016

Complaint
28

1:16-cv-00993

Judgment

Amaro v. State of New Mexico

Sept. 15, 2017

Sept. 15, 2017

Order/Opinion
27

1:16-cv-00993

Memorandum Opinion and Order

Amaro v. State of New Mexico

Sept. 15, 2017

Sept. 15, 2017

Order/Opinion

2017 WL 2017

41

1:16-cv-00993

Memorandum Opinion and Order Denying Motion for Reconsideration

Amaro v. State of New Mexico

Oct. 30, 2017

Oct. 30, 2017

Order/Opinion

2017 WL 2017

17-02178

Order and Judgment

U.S. Court of Appeals for the Tenth Circuit

June 13, 2018

June 13, 2018

Order/Opinion

737 Fed.Appx. 737

69

1:16-cv-00993

Plaintiff's Amended Civil Rights Complaint

Amaro v. State of New Mexico

Sept. 26, 2018

Sept. 26, 2018

Complaint
77

1:16-cv-00993

Judgment

Amaro v. Martinez, Governor of the State of New Mexico

May 28, 2020

May 28, 2020

Order/Opinion
75

1:16-cv-00993

Memorandum Opinion and Order

Amaro v. State of New Mexico

May 28, 2020

May 28, 2020

Order/Opinion

2020 WL 2020

76

1:16-cv-00993

Order Denying Application to Proceed on Appeal in Forma Pauperis and 28 U.S.C. § 1915(a)(3) Certification

Amaro v. State of New Mexico

May 28, 2020

May 28, 2020

Order/Opinion

2020 WL 2020

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6200817/amaro-v-state-of-new-mexico/

Last updated March 26, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Pedro J. Amaro. (Attachments: # 1 Part 2 - Main Document, # 2 Exhibit)(iam) (Entered: 09/07/2016)

1 Part 2 - Main Document

View on RECAP

2 Exhibit

View on PACER

Sept. 2, 2016

Sept. 2, 2016

RECAP

Add and Terminate Judges

Sept. 2, 2016

Sept. 2, 2016

PACER
2

MOTION to Proceed under 28 U.S.C. 1915 by Pedro J. Amaro. (iam) (Entered: 09/07/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
3

MOTION to Appoint Counsel by Pedro J. Amaro. (iam) (Entered: 09/07/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
4

MOTION ALLOWING ELECTRONIC SERVICE by Pedro J. Amaro. (iam) (Entered: 09/07/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER

U.S. District Judge Kenneth J. Gonzales and U.S. Magistrate Judge William P Lynch assigned. (iam)

Sept. 2, 2016

Sept. 2, 2016

PACER
5

ORDER REFERRING CASE to Magistrate Judge William P. Lynch by District Judge Kenneth J. Gonzales. (tah) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
6

Filing fee: $ 15.00, receipt number ALB034383 (ar)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
7

Letter by Pedro Amaro (jn) (Entered: 10/14/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
8

Inmate Account Statement as to Pedro Amaro (jn) Modified docket text on 10/17/2016 (ln). (Entered: 10/14/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
9

MOTION for Summary Judgment by Pedro J. Amaro. (jjs) Modified file date on 12/16/2016 (jjs). (Entered: 12/08/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
10

ORDER by Magistrate Judge William P. Lynch granting 2 Motion to Proceed under 28 U.S.C. 1915. (ph) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
11

ORDER by Magistrate Judge William P. Lynch denying 3 Motion to Appoint Counsel. (ph) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
12

ORDER by Magistrate Judge William P. Lynch granting 4 Motion Allowing Electronic Service. (ph) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
13

CM/ECF Pro Se Notification Form electing to receive notification via postal mail by Pedro J. Amaro (ln) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
14

Letter by Pedro Amaro (jjs) (Entered: 03/03/2017)

March 2, 2017

March 2, 2017

PACER
15

Letter by Pedro Amaro (jjs) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
16

Partial Filing fee: $ 18.07, receipt number ALB036067 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
17

Partial Filing fee: $ 18.07, receipt number ALB036144 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
18

Partial Filing fee: $ 10.93, receipt number ALB036187 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
19

MOTION to Appoint Counsel by Pedro J. Amaro. (yc) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
20

Letter to the Court by Pedro Amaro (yc) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
21

Partial filing fee: $ 17.93, receipt number ALB036791 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
22

Partial filing fee: $ 20, receipt number ALB036974 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
23

Partial filing fee: $ 20, receipt number ALB037096 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
24

Partial filing fee: $ 20, receipt number ALB037445 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
31

Partial filing fee: $ 25.00, receipt number ALB037706 (ng)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/02/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
25

Letter by Pedro J. Amaro (jn) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
26

PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Jerry H. Ritter as the pretrial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge William P Lynch no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
27

MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 9 Amaro's Motion for Summary Judgment; denying 19 Amaro's Motion to Appoint Counsel; and dismissing 1 Amaro's Civil Rights Complaint. (tah) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
28

JUDGMENT against Plaintiff by District Judge Kenneth J. Gonzales. (tah) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
29

Filing fee: $ 20.00, receipt number ALB038002. (mr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
30

NOTICE by Pedro J. Amaro (yc) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
32

Letter by Pedro J. Amaro (jn) (Entered: 10/03/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
33

MOTION for Reconsideration by Pedro J. Amaro. (jn) (Entered: 10/03/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
34

NOTICE OF APPEAL as to 28 Judgment, 27 Memorandum Opinion and Order by Pedro J. Amaro. (Appeal Fee Not Paid.) (yc) (Entered: 10/11/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
35

MOTION to Proceed under 28 U.S.C. 1915 by Pedro J. Amaro. (yc) (Entered: 10/11/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
36

Transmission of Preliminary Record to US Court of Appeals re 34 Notice of Appeal (yc) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
37

USCA Information Letter with Case Number 17-2178 for 34 Notice of Appeal filed by Pedro J. Amaro. (yc) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
38

ORDER OF USCA -- ABATING THE APPEAL until the District Court disposes of the pending post-judgment motion. (yc) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
39

MOTION For Amendment of Complaint by Pedro J. Amaro. (jn) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
40

Filing fee: $ 20.00, receipt number ALB038281 (ar)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
41

MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 33 Plaintiff's Motion for Reconsideration. (tah) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

RECAP
42

FILED IN ERROR - ORDER by District Judge Kenneth J. Gonzales granting 35 Motion to Proceed under 28 U.S.C. 1915. (tah) Modified docket text (no document attached) on 10/31/2017 (ln). (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
43

ORDER by District Judge Kenneth J. Gonzales granting 35 Motion to Proceed under 28 U.S.C. 1915. (tah) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

RECAP
44

Transmission of Supplemental Preliminary Record to US Court of Appeals re 34 Notice of Appeal (jn) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
45

ORDER OF USCA lifting the Abatement of this Appeal (jjs) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
46

NOTICE of Docketing Record on Appeal from USCA re 34 Notice of Appeal filed by Pedro J. Amaro. USCA Case Number 17-2178 (jjs) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
47

ORDER OF USCA as to 34 Notice of Appeal filed by Pedro J. Amaro (jjs) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
48

Partial filing fee: $ 20, receipt number ALB038581 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
50

Partial filing fee: $ 12.60, receipt number ALB038868 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
51

Partial filing fee: $ 14.40, receipt number ALB039096 (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
52

DECLARATION by Pedro J. Amaro (jn) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
53

Filing fee: $ 13.00, receipt number ALB039424 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
54

NOTICE (Institutional Work/Program Assignment) by Pedro J. Amaro (jjs) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
55

Partial Filing fee: $ 20.00, receipt number ALB039630 (bap)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
56

DECLARATION by Pedro J. Amaro (yc) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
57

Filing fee: $ 20.00, receipt number ALB039906 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
58

INMATE TIME CARD by Pedro J. Amaro (yc) (Entered: 04/24/2018)

April 23, 2018

April 23, 2018

PACER
59

Partial Filing fee: $ 15.00, receipt number ALB040200 (kdh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
60

NOTICE of Inmate's Time Card by Pedro J. Amaro (jn) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
61

Partial Filing fee: $ 15, receipt number ALB040429 (jg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
62

MANDATE of USCA as to 34 Notice of Appeal filed by Pedro J. Amaro (Attachments: # 1 Order and Judgment); USCA will Reverse claims with instruction for the District Court to provide Plaintiff an opportunity to amend his complaint to remedy this deficiency. (jn) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
63

Filing fee: $ 15.00, receipt number ALB040705 (vv)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
64

ORDER by District Judge Kenneth J. Gonzales granting Plaintiff leave to file one amended complaint that complies with this Order on or before 8/27/2018; and dismissing 39 Plaintiff's Motion for Amendment of Complaint. (tah) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

RECAP
65

OBJECTIONS re 64 Order on Motion to Amend/Correct by Pedro J. Amaro (jn) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
66

MOTION for Extension of Time by Pedro J. Amaro. (jjs) (Entered: 08/20/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
67

ORDER by District Judge Kenneth J. Gonzales granting 66 Plaintiff Amaro's Motion for Extension of Time. Amended Complaint due by 9/26/2018. (tah) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

RECAP
68

Filing fee: $ 15.00, receipt number ALB040986 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
69

AMENDED COMPLAINT against All Defendants. adding New Mexico Governors Office, New Mexico Attorney Generals Office, David Jablonski, Steve Madrid, David Selvage, New Mexico Human Services Department, George R. Wackenhut, Richard R. Wackenhut, George L Zoley, Clarence E. Anthony, Richard H Glamton, Christopher C. Wheeler, Julie Myers, Anne N. Foreman, Norman A. Carlson, John J. Bulfin, John Hurley, Brian R. Evans, Thomas M. Wierdsma, J. David Donahue, Ann M. Schlarb, David J. Venturella, Matthew J. DenADEL, Patricia M. Persante, Jennifer L. Houston, Amber D. Martin, Christopher D. Ryan, Ernesto Alvarez, Adam M. Hasner, Derrick D. Schofield, Reede Smith, James H. Black, Blake R. Davis, Blake R. Barras, David O. Meehan, Jonathan P. Swatsburgh, David S. Burch, Jock A. Waldo, Amy Campos, Vincent Horton, J. Gay, Dominica Garnand, Gerald Morris, Erasmo Bravo, Johnny Johnson, R. Ulibarri, Timothy Hatch, T. Foster, Phil Aragon, G. Morris, J. Johnson, Mr. Tenorio, Mr. Chavez, S. Chavez, Mr. Castillo, Mr. Everhart, Mr. Branch, Ms. Garcia, Mr. Swaggart, Mr. Gerhardt, Krystale Rivera, Jessica Rodgers aka Jessica Vigil, Kristen Romero, Ben Rael, Karla Rael, Corizon Health, Timothy Trapp, M.D., Katherin Allen, Centurion Correctional Healthcare of New Mexico, LLC, Mr. Rivers, Dr. Murray Young, Centurion Employees at GCCF and The Unknown Owner(s) or Superintendant(s) of GCCF and its Property and or the County of Guadalupe, Dr. Murray Young, Ms. Garcia, Jennifer L. Houston, New Mexico Attorney Generals Office, Ernesto Alvarez, George R. Wackenhut, Erasmo Bravo, Patricia M. Persante, David Jablonski, Katherin Allen, Mr. Rivers, Matthew J. DenADEL, Kristen Romero, Centurion Correctional Healthcare of New Mexico, LLC, T. Foster, Adam M. Hasner, Ann M. Schlarb, Centurion Employees at GCCF, Phil Aragon, Vincent Horton, J. David Donahue, Christopher D. Ryan, Jock A. Waldo, J. Johnson, Gerald Morris, G. Morris, Mr. Everhart, The Unknown Owner(s) or Superintendant(s) of GCCF and its Property and or the County of Guadalupe, S. Chavez, John Hurley, Clarence E. Anthony, George L Zoley, Blake R. Barras, Richard R. Wackenhut, Karla Rael, Thomas M. Wierdsma, Richard H Glamton, Ben Rael, Johnny Johnson, Mr. Castillo, David Selvage, Norman A. Carlson, Dominica Garnand, Mr. Branch, Christopher C. Wheeler, Derrick D. Schofield, David J. Venturella, Jonathan P. Swatsburgh, Amy Campos, John J. Bulfin, J. Gay, David O. Meehan, Mr. Gerhardt, Amber D. Martin, David S. Burch, Krystale Rivera, R. Ulibarri, Mr. Swaggart, Anne N. Foreman, Blake R. Davis, Brian R. Evans, Julie Myers, Steve Madrid, New Mexico Governors Office, Corizon Health, Mr. Tenorio, Mr. Chavez, Timothy Trapp, M.D., Timothy Hatch, New Mexico Human Services Department, Reede Smith, Jessica Rodgers aka Jessica Vigil and James H. Black., filed by Pedro J. Amaro. (jjs) (Entered: 09/27/2018)

Sept. 26, 2018

Sept. 26, 2018

RECAP
70

Letter to the Court by Pedro Amara (yc) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
71

NOTICE of Document Filed in 10th Circuit Court of Appeals by Pedro J. Amaro (jjs) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
72

LETTER from USCA as to petitioner re 34 Notice of Appeal. (cer) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
73

NOTICE-Motion to Proceed without Prepayment of Costs or Fees by Pedro J. Amaro (Motion was forwarded to 10 Circuit-Court of Appeals via email as to case 20-2052) (jjs) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
74

NOTICE-2nd Motion to Proceed without Prepayment of Costs or Fees by Pedro J. Amaro (Motion was forwarded to 10 Circuit-Court of Appeals via email as to case 20-2052) (jjs) (Entered: 05/28/2020)

May 27, 2020

May 27, 2020

PACER
75

MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales dismissing 69 Amended Complaint. (tah) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
76

ORDER by District Judge Kenneth J. Gonzales denying 73 Application to Proceed in District Court Without Prepaying Fees or Costs. The Court certifies that the appeal is not taken in good faith, and the Court directs the Clerk to notify the Court of Appeals of this denial and certification. (tah) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
77

JUDGMENT by District Judge Kenneth J. Gonzales. (tah) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

RECAP
78

ORDER OF USCA as to Pedro J. Amaro. (Attachments: # 1 Supplement Letter) (cer) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
79

MOTION for Reconsideration re 75 Memorandum Opinion and Order, 77 Judgment by Pedro J. Amaro. (bc) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
80

MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales denying 79 Motion for Reconsideration. (tah) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

RECAP
81

NOTICE OF APPEAL as to 80 Memorandum Opinion and Order by Pedro J. Amaro. (Appeal Fee Not Paid.) (yc) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
82

Transmission of Preliminary Record to US Court of Appeals re 81 Notice of Appeal (Attachments: # 1 Docket Sheet) (vh) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
83

APPENDIX/SUPPLEMENT re 82 Transmission of Preliminary Record to USCA by Pedro J. Amaro (vh) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
84

USCA Information Letter with Case Number 21-2039 for 81 Notice of Appeal filed by Pedro J. Amaro. (vh) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
85

NOTICE of Docketing Record on Appeal from USCA re 81 Notice of Appeal filed by Pedro J. Amaro. USCA Case Number 21-2039 (vh) Modified text on 6/9/2021 (vh). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER

USCA Notice of Docketing ROA

June 8, 2021

June 8, 2021

PACER
86

Filing fee: $ 505.00, receipt number ALB050134 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/17/2021)

June 16, 2021

June 16, 2021

PACER

Filing Fee Received

June 17, 2021

June 17, 2021

PACER
87

DECLARATION by Pedro J. Amaro (yc) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
88

MANDATE of USCA as to 81 Notice of Appeal filed by Pedro J. Amaro (Attachments: # 1 Order and Judgment) (nr) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
89

PETITION FOR WRIT OF CERTIORARI filed in the Supreme Court of the United States as to Joe Williams, Jerry Roark, Tim LeMaster, Larry A. Phillips, James R. Brewster, Angela M. Martinez, Y. Rivera, G. Chavez, Geo Group, Inc., Dr. Murray Young, Ms. Garcia, Jennifer L. Houston, Joe R. Williams, New Mexico Attorney Generals Office, Ernesto Alvarez, George R. Wackenhut, Erasmo Bravo, Patricia M. Persante, David Jablonski, Katherin Allen, Mr. Rivers, Matthew J. DenADEL, Kristen Romero, FNU LNU, Centurion Correctional Healthcare of New Mexico, LLC, T. Foster, Adam M. Hasner, Ann M. Schlarb, Centurion Employees at GCCF, Phil Aragon, Vincent Horton, J. David Donahue, Christopher D. Ryan, Jock A. Waldo, FNU LNU(Chief of Security ), J. Johnson, Gerald Morris, G. Morris, Mr. Everhart, The Unknown Owner(s) or Superintendant(s) of GCCF and its Property and or the County of Guadalupe, S. Chavez, John Hurley, Clarence E. Anthony, George L Zoley, Blake R. Barras, FNU LNU(Grievance Lieutenants), Richard R. Wackenhut, Karla Rael, Thomas M. Wierdsma, Richard H Glamton, Ben Rael, Johnny Johnson, Mr. Castillo, David Selvage, Norman A. Carlson, Dominica Garnand, Corizon, LLC, Mr. Branch, Christopher C. Wheeler, Derrick D. Schofield, David J. Venturella, Jonathan P. Swatsburgh, Amy Campos, John J. Bulfin, J. Gay, David O. Meehan, Mr. Gerhardt, Lisa Staber, Amber D. Martin, David S. Burch, Krystale Rivera, R. Ulibarri, Mr. Swaggart, Anne N. Foreman, Blake R. Davis, Brian R. Evans, Julie Myers Wood, Steve Madrid, Kathy Armijo, New Mexico Governors Office, Corizon Health, Mr. Tenorio, Mr. Chavez, Timothy Trapp, M.D., Timothy Hatch, New Mexico Human Services Department, Reede Smith, Jessica Rodgers aka Jessica Vigil, James H. Black, FNU LNU(John/Jane Does), State of New Mexico, Susana Martinez, Bill Richardson, Hector Balderas, Gary R. King, Department of Health and Human Services, New Mexico Department of Corrections, Gregg Marcantel re 81 Notice of Appeal. (cer) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
90

PETITION FOR WRIT OF CERTIORARI denied by an order of Supreme Court of the United States as to Joe Williams, Jerry Roark, Tim LeMaster, Larry A. Phillips, James R. Brewster, Angela M. Martinez, Y. Rivera, G. Chavez, Geo Group, Inc., Dr. Murray Young, Ms. Garcia, Jennifer L. Houston, Joe R. Williams, New Mexico Attorney Generals Office, Ernesto Alvarez, George R. Wackenhut, Erasmo Bravo, Patricia M. Persante, David Jablonski, Katherin Allen, Mr. Rivers, Matthew J. DenADEL, Kristen Romero, FNU LNU, Centurion Correctional Healthcare of New Mexico, LLC, T. Foster, Adam M. Hasner, Ann M. Schlarb, Centurion Employees at GCCF, Phil Aragon, Vincent Horton, J. David Donahue, Christopher D. Ryan, Jock A. Waldo, FNU LNU(Chief of Security ), J. Johnson, Gerald Morris, G. Morris, Mr. Everhart, The Unknown Owner(s) or Superintendant(s) of GCCF and its Property and or the County of Guadalupe, S. Chavez, John Hurley, Clarence E. Anthony, George L Zoley, Blake R. Barras, FNU LNU(Grievance Lieutenants), Richard R. Wackenhut, Karla Rael, Thomas M. Wierdsma, Richard H Glamton, Ben Rael, Johnny Johnson, Mr. Castillo, David Selvage, Norman A. Carlson, Dominica Garnand, Corizon, LLC, Mr. Branch, Christopher C. Wheeler, Derrick D. Schofield, David J. Venturella, Jonathan P. Swatsburgh, Amy Campos, John J. Bulfin, J. Gay, David O. Meehan, Mr. Gerhardt, Lisa Staber, Amber D. Martin, David S. Burch, Krystale Rivera, R. Ulibarri, Mr. Swaggart, Anne N. Foreman, Blake R. Davis, Brian R. Evans, Julie Myers Wood, Steve Madrid, Kathy Armijo, New Mexico Governors Office, Corizon Health, Mr. Tenorio, Mr. Chavez, Timothy Trapp, M.D., Timothy Hatch, New Mexico Human Services Department, Reede Smith, Jessica Rodgers aka Jessica Vigil, James H. Black, FNU LNU(John/Jane Does), State of New Mexico, Susana Martinez, Bill Richardson, Hector Balderas, Gary R. King, Department of Health and Human Services, New Mexico Department of Corrections, Gregg Marcantel re 81 Notice of Appeal (cer) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

RECAP

Case Details

State / Territory: New Mexico

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 2, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A prisoner at Guadalupe County Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of New Mexico, State

Governor of the State of New Mexico, State

Attorney General for the State of New Mexico, State

Department of Health and Human Services, Federal

New Mexico Department of Corrections, State

GEO Group, Inc., Private Entity/Person

Corizon, LLC, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Type of Facility:

Non-government for-profit