Robert Wolf v. Timothy Hatch; John Sanchez; Kristal Rivera; Cheryl Doren; and Carl Wilkens

Summary

The United States District Court for the District of New Mexico adopted the magistrate judge’s proposed findings and recommended disposition. The court denied the pro se plaintiff’s motion to reconsider dismissal for failure to exhaust, while clarifying that certain First Amendment and due process claims concerning rejected books and publications remained pending.

Holdings

1. The parties' failure to file objections within the allotted fourteen-day period waived their right to review of the proposed disposition.
2. The court denied Plaintiff's motion to reconsider dismissal of his complaint for failure to exhaust administrative remedies.
3. The entire case had not been dismissed; only the First Amendment and due process claims concerning the specified rejections of books and publications remained pending.

Questions Presented

1. Whether the district court should reconsider the dismissal of Plaintiff's complaint for failure to exhaust administrative remedies.
2. Whether the district court should adopt the magistrate judge's proposed findings and recommended disposition when neither party filed objections.
3. Whether the entire action had been dismissed or whether only the specified First Amendment and due process claims remained pending.

Disposition

other