Zamarron v. Madrid et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AXEL RAUL ZAMARRON,
Plaintiff,
v. 	No. 1:21-cv-0919 RB/GJF
HERMAN MADRID, SIMON
RAMIREZ, MARY GALLEGOS,
ROBIN BOURNE, OSCAR
CHACON, GEORGE GARCIA, CHRIS
ROMERO, JR., and DAVID VERRETT,
Defendants.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on United States Magistrate Judge Gregory J. Fouratt’s
Proposed Findings and Recommended Disposition (PFRD) filed December 11, 2025. (Doc. 91.)
Judge Fouratt considered Plaintiff’s Motion to Amend (Doc. 85) and Defendants Oscar Chacon
and Herman Madrid’s Motion to Dismiss (Doc. 86). Having considered Plaintiff’s proposed Third
Amended Complaint and analyzed the parties’ arguments on the Motion to Dismiss, Judge Fouratt
recommends granting the Motion to Amend and denying the Motion to Dismiss. (See Doc. 91 at
9.)
The PFRD notified the parties of their ability to file objections no later than 14 days after
the PFRD was filed. (Id.) As no party filed objections within the time allowed, the Court concludes
that appellate review has been waived.
IT IS THEREFORE ORDERED that the PFRD (Doc. 91) is ADOPTED;
IT 	IS 	FURTHER 	ORDERED 	that 	Zamarron’s 	Motion 	to 	Amend 	(Doc. 	85) 	is
GRANTED.
IT IS FURTHER ORDERED that the Court will accept Document 85-1 as the operative
complaint.
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IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Third
Amended Complaint (Doc. 86) is DENIED.
IT IS FURTHER ORDERED that Defendants shall file an answer no later than 21 days
following entry of this Order.
IT IS SO ORDERED.
________________________________
ROBERT C. BRACK
SENIOR U.S. DISTRICT JUDGE
Case 1:21-cv-00919-RB-GJF Document 92 Filed 12/30/25 Page 2 of 2