Kearney v. Unsecured Creditors Committee

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

VICTOR P. KEARNEY, Appellant, vs. Civ. No. 18-1223 MV/JFR OFFICIAL COMMITTEE OF UNSECURED CREDITORS, LOUIS ABRUZZO and BENJAMIN ABRUZZO, as Trustees of the MARY PAT ABRUZZO KEARNEY TESTAMENTARY TRUSTS B and C, U.S. TRUSTEE KEVIN YEAROUT, Appellees.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION THIS MATTER is before the Court on the Proposed Findings of Fact and Recommended Disposition by United States Magistrate Judge John F. Robbenhaar, filed August 2, 2019. Doc. 22. Objections were due by no later than August 16, 2019. The parties have not filed any objections. The failure to make timely objections to the Magistrate Judge’s Proposed Findings and Recommended Disposition waives appellate review of both factual and legal questions. U.S. v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10th Cir. 1996).

IT IS THEREFORE ORDERED that the Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 22) are ADOPTED; IT IS FURTHER ORDERED that the Abruzzo Appellee’s Motion for Sanctions (Doc.

17) is not well taken and is DENIED; IT IS FURTHER ORDERED that Debtor/Appellant’s Motion to Dismiss Bankruptcy Appeal (Doc. 15) is well taken and is GRANTED. - Me y, MARTHA VAZQUEZ United States District Judge