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OTERO v. NEW MEXICO CORRECTIONS DEPT.

No. 08-CV-907 JC/LFG.

640 F.Supp.2d 1346 (2009)

James OTERO, Plaintiff, v. State of NEW MEXICO CORRECTIONS DEPARTMENT, Charlene Knipfing in her individual and official capabilities, David Jablonski in his individual and official capacities, Edward Gonzales in his individual and official capacities, Denis Porter in his individual and official capacities, Defendants.

United States District Court, D. New Mexico.

June 9, 2009.

Attorney(s) appearing for the Case

James Otero, Santa Fe, NM, pro se.

Michael Dickman, Esq., Santa Fe, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN EDWARDS CONWAY, Senior District Judge.

THIS MATTER comes before the Court on Defendants' Motion for Summary Judgment as to Counts I, II, III, IV and VI (Doc. 26), filed March 20, 2009 ("Motion"). The Court has reviewed the parties' briefing in this matter and, being otherwise informed in the premises, grants the Motion in part as set forth below.

I. BACKGROUND

Plaintiff James Otero brought suit against...

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