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)

Attorney for Plaintiff

Amaro, Pedro J. (New Mexico)

Documents in the Clearinghouse

Documents in this case

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
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 4142572

28

1:16-cv-00993

Judgment

Amaro v. State of New Mexico

Sept. 15, 2017

Sept. 15, 2017

Order/Opinion
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 5001983

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. 882

69

1:16-cv-00993

Plaintiff's Amended Civil Rights Complaint

Amaro v. State of New Mexico

Sept. 26, 2018

Sept. 26, 2018

Complaint
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 2768974

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 2768975

77

1:16-cv-00993

Judgment

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

May 28, 2020

May 28, 2020

Order/Opinion

Docket

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

Last updated March 24, 2025, 8:28 a.m.

ECF Number Date Description Link
Sept. 2, 2016

U.S. District Judge Kenneth J. Gonzales and U.S. Magistrate Judge William P Lynch assigned. (iam) (Entered: 09/07/2016)

PACER
1 Sept. 2, 2016

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

RECAP
2 Sept. 2, 2016

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

RECAP
3 Sept. 2, 2016

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

RECAP
4 Sept. 2, 2016

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

RECAP
Sept. 2, 2016

Add and Terminate Judges

Sept. 2, 2016

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

5 Sept. 8, 2016

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

RECAP
6 Oct. 13, 2016

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

RECAP
7 Oct. 13, 2016

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

RECAP
8 Oct. 13, 2016

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

RECAP
9 Dec. 7, 2016

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

RECAP
10 Feb. 13, 2017

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

RECAP
11 Feb. 23, 2017

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

RECAP
12 Feb. 23, 2017

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

RECAP
13 Feb. 28, 2017

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

RECAP
14 March 2, 2017

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

RECAP
15 March 3, 2017

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

RECAP
16 March 7, 2017

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

RECAP
17 March 15, 2017

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

RECAP
18 March 20, 2017

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

RECAP
19 May 5, 2017

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

RECAP
20 May 5, 2017

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

RECAP
21 May 16, 2017

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

RECAP
22 June 5, 2017

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

RECAP
23 June 16, 2017

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

RECAP
24 July 27, 2017

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

RECAP
31 Aug. 23, 2017

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

RECAP
25 Aug. 24, 2017

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

RECAP
26 Sept. 5, 2017

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)

RECAP
27 Sept. 15, 2017

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)

RECAP
28 Sept. 15, 2017

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

RECAP
29 Sept. 28, 2017

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

RECAP
30 Sept. 28, 2017

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

RECAP
32 Oct. 2, 2017

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

RECAP
33 Oct. 2, 2017

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

RECAP
34 Oct. 10, 2017

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)

RECAP
35 Oct. 10, 2017

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

RECAP
36 Oct. 11, 2017

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

RECAP
37 Oct. 11, 2017

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

RECAP
38 Oct. 12, 2017

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

RECAP
39 Oct. 24, 2017

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

RECAP
40 Oct. 26, 2017

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

RECAP
41 Oct. 30, 2017

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

RECAP
42 Oct. 30, 2017

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)

RECAP
43 Oct. 30, 2017

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

RECAP
44 Oct. 31, 2017

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

RECAP
45 Nov. 1, 2017

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

RECAP
46 Nov. 6, 2017

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)

RECAP
47 Nov. 9, 2017

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

RECAP
48 Nov. 28, 2017

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

RECAP
50 Jan. 2, 2018

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

RECAP
51 Jan. 23, 2018

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

RECAP
52 Feb. 7, 2018

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

RECAP
53 Feb. 28, 2018

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

RECAP
54 Feb. 28, 2018

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

RECAP
55 March 21, 2018

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

RECAP
56 March 29, 2018

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

RECAP
57 April 23, 2018

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

RECAP
58 April 23, 2018

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

RECAP
59 May 25, 2018

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

RECAP
60 May 25, 2018

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

RECAP
61 June 22, 2018

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

RECAP
62 July 5, 2018

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)

RECAP
63 July 24, 2018

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

RECAP
64 July 26, 2018

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)

RECAP
65 Aug. 3, 2018

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

RECAP
66 Aug. 17, 2018

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

RECAP
67 Aug. 28, 2018

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)

RECAP
68 Aug. 29, 2018

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

RECAP
69 Sept. 26, 2018

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)

RECAP
70 Sept. 5, 2019

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

RECAP
71 April 21, 2020

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

RECAP
72 April 22, 2020

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

RECAP
73 May 21, 2020

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)

RECAP
74 May 27, 2020

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)

RECAP
75 May 28, 2020

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

RECAP
76 May 28, 2020

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)

RECAP
77 May 28, 2020

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

RECAP
78 June 26, 2020

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

RECAP
79 June 30, 2020

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

RECAP
80 March 23, 2021

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

RECAP
81 April 23, 2021

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

RECAP
82 April 23, 2021

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

RECAP
83 April 23, 2021

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

RECAP
84 April 23, 2021

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

RECAP
85 June 8, 2021

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)

RECAP
June 8, 2021

USCA Notice of Docketing ROA

86 June 16, 2021

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

RECAP
June 17, 2021

Filing Fee Received

87 Aug. 4, 2021

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

RECAP
88 Sept. 10, 2021

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

RECAP
89 Dec. 3, 2021

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)

RECAP
90 Feb. 22, 2022

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)

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

Federal

Department of Health and Human Services

Private Entity/Person

Corizon, LLC

GEO Group, Inc.

State

Attorney General for the State of New Mexico

Governor of the State of New Mexico

New Mexico Department of Corrections

The State of New Mexico

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

District of New Mexico 1:16-cv-00993

District of New Mexico 17-02178

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Medical/Mental Health Care:

Medical care, general

Recommended Citation