Matthew L. Garcia

“Applying the Mhoon factors to these proceedings, the Court can identify no sound legal or factual basis to exercise jurisdiction over UFCC's request for declaratory judgment ... For this reason, the Defendants' motion to dismiss is granted.”

“Applying the pragmatic approach required, both counts of the indictment satisfy Rule 7 and the Constitution. The Court thus denies Wilson's Motion to Dismiss, Doc. 72.”

“It is hereby ordered that Defendant's Motion for Reconsideration to Modify the December 13, 2023, Order is granted. Doc. 27. The Court's Second Order to Extend, Doc. 19, is amended such that Jarrell's second motion to extend time to serve Individual Defendants and serve them via publication, Doc. 17, is denied.”

“It is further ordered that Defendants' motion to dismiss is denied. Doc. 28. The Court grants Jarrell thirty (30) days from entry of this Order to personally serve Individual Defendants or seek leave to serve them by publication”

“Boyce has shown neither. Accordingly, his Motion is denied, Doc. 35.”

“Phillips's claims for violations of his Second and Fifth Amendments rights and Title VII are dismissed with prejudice. Phillips's wrongful termination and breach of implied contract claims under New Mexico law are dismissed without prejudice.”

“For this this reason, and based on the preceding discussion, the Court will deny Plaintiff's Motion to Strike and/or Dismiss Certain Affirmative Defenses (Doc. 14).”

“It is hereby ordered that summary judgment is entered in favor of Bannister on the federal deliberate indifference claim. That claim is hereby dismissed with prejudice. The remaining state medical negligence claim is hereby dismissed without prejudice.”

“The Court hereby denies Defendants' Motion. Doc. 41. It is so ordered.”

“Franklin's habeas petition raised under 28 U.S.C. § 2241, Doc. 1, is denied and this civil case is dismissed with prejudice.”

“Accordingly, the Court finds that the good faith exception applies in this case to bar suppression. Kirkendoll's motion is therefore denied. Doc. 123.”

“The Court denies Gallegos's Motion to Suppress, Doc. 59, in its entirety. It is so ordered.”

“For the foregoing reasons, the Court denies Defendant's Motion (Doc. 32) without prejudice. The Court orders that the Attorney General, through the BOP and the U.S. Marshals Service, transport Defendant to FMC Butner or another suitable facility for competency restoration proceedings no later than seven days from the entry of this Order.”