Case Name in Social Security Case - Unavailable

1:25-cv-00216Nmd17 nov. 2025

Texte intégral

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
FELICIA BACA-MARTINEZ,
Plaintiff,
v.
Case No. 1:25-cv-00216-MIS-GBW
FRANK BISIGNANO,
Commissioner of Social Security,
Defendant.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
REGARDING DEFENDANT’S MOTION TO DISMISS, GRANTING DEFENDANT’S
MOTION TO DISMISS, DISMISSING CASE WITH PREJUDICE,
AND CLOSING CASE
THIS MATTER is before the Court on United States Magistrate Judge Gregory B.
Wormuth’s Proposed Findings and Recommended Disposition (“PFRD”), ECF No. 16, issued
October 27, 2025. Therein, Judge Wormuth recommends granting Defendant Frank Bisignano’s
Motion to Dismiss, ECF No. 11, and dismissing Plaintiff Felicia Baca-Martinez’s Complaint, ECF
No. 1, because Plaintiff filed her Complaint beyond the sixty-day limitations period established by
42 U.S.C. § 405(g), and Plaintiff has not established that she is entitled to equitable tolling. PFRD
at 4-5. Pursuant to 28 U.S.C. § 636(b)(1), the Parties had fourteen days to file objections. To date,
no objections have been filed. The failure to make timely objections to a Magistrate Judge’s PFRD
waives appellate review of both factual and legal questions. United States v. 2121 East 30th Street,
73 F.3d 1057, 1059 (10th Cir. 1996). Furthermore, upon review of the PFRD, the Court concurs
with Judge Wormuth’s findings and recommendation.
Therefore, IT IS HEREBY ORDERED that:
Case 1:25-cv-00216-MIS-GBW Document 17 Filed 11/17/25 Page 1 of 2
2
1. 	The Proposed Findings and Recommended Disposition issued by United States
Magistrate Judge Gregory B. Wormuth on October 27, 2025, ECF No. 16, is
ADOPTED;
2. 	Defendant’s Motion to Dismiss, ECF No. 11, is GRANTED;
3. 	Plaintiff’s Complaint, ECF No. 1, is DISMISSED with prejudice;
4. 	All other pending motions are DENIED AS MOOT; and
5. 	This case is now CLOSED.
………………………………………….
MARGARET STRICKLAND
UNITED STATES DISTRICT JUDGE
Case 1:25-cv-00216-MIS-GBW Document 17 Filed 11/17/25 Page 2 of 2

Poursuivez vos recherches dans ChatGPT ou Claude

Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.