Citation Codes Equivalent Citations citation codes Docket Number No. CIV 04-1063 JB/RHS. Motions Motion to dismiss : Granted Attorney(S) Michael Jude Pettit, Portales, NM, Plaintiff pro se. Patricia A. Madrid, Attorney General of NM, David J. Tourek, David Thomson, Assistant Attorneys General's Office, Albuquerque, NM, for State of New Judges James O. Browning See more information ... Smart Summary Please sign up to generate summary. MICHAEL JUDE PETTIT, indi v. dually, and on behalf of all persons similarly situated, Plaintiff, FINAL JUDGMENT JAMES O. BROWNING, District Judge THIS MATTER came before the Court on December 7, 2004, for a hearing on the Defendant's Motion to Dismiss Complaint, filed November 1, 2004 (Doc. 10). The Plaintiff did not appear at the hearing, either in person or telephonically. The Court, having granted Defendant's motion, finds that it lacks jurisdiction to decide the claims on their merits. IT IS HEREBY ORDERED that Final Judgment is entered in favor of the Defendant State of New Mexico, and all claims are DISMISSED without prejudice for lack of jurisdiction.