Rivera v. Wetzel et al

Filing 8

MEMORANDUM OPINION AND ORDER by District Judge William P. Johnson ADOPTING 7 Judges Proposed Findings and Recommended Disposition re 1 Petition for 2254 Relief filed by Shaila Rivera. (mag)

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

SHAILA RIVERA,
Petitioner,
v.

Civ. No. 16-286 WJ/GBW

MONICA WETZEL,
Respondent.

MEMORANDUM OPINION AND ORDER DISMISSING CASE
WITHOUT PREJUDICE
THIS MATTER comes before the Court on the Magistrate Judge’s Proposed
Findings and Recommended Disposition, filed on June 23, 2016 (Doc. 7) (“PFRD”). In
his PFRD, the Honorable Gregory B. Wormuth, United States Magistrate Judge, found
that Petitioner Shaila Rivera’s federal habeas application contains only unexhausted
claims. See PFRD at 4-9. Judge Wormuth recommended that the Court dismiss the
Petition without prejudice. See PFRD at 9.
To date, Petitioner has not filed any objections, and there is nothing in the record
indicating that the proposed findings were not delivered. Upon review of the record,
the Court concurs with the Magistrate Judge’s conclusions in the PFRD.

Wherefore, IT IS HEREBY ORDERED that the PFRD (doc. 7) is ADOPTED and
that the petition is DISMISSED without prejudice. A final order dismissing the case will
be filed herewith.
_________________________________
UNITED STATES DISTRICT JUDGE