Fragua v. Casamento et al

Filing 16

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDATIONS by District Judge Robert C. Brack adopting re 12 Report and Recommendations and granting 1 Petition; Fragua's conviction is REVERSED. (jn)

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

ALAN FRAGUA,
Petitioner,
v.

1:16-cv-01404-RB-WPL

MATTHEW ELWELL1, Director,
Sandoval County Detention Center,
Respondent.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
This matter is before the Court on the Magistrate Judge’s Proposed Findings and
Recommended Disposition (PFRD), filed May 8, 2017. (Doc. 12.) Respondent Elwell filed a
notice of non-objection. (Doc. 14.)
IT IS THEREFORE ORDERED that:
1) the PFRD is adopted as an order of the Court;
2) the Petition (Doc. 1) is GRANTED; and
3) Fragua’s conviction is REVERSED.

_________________________________
UNITED STATES DISTRICT JUDGE

1

Matthew Elwell, the new Director of the Sandoval County Detention Center, is automatically
substituted for his predecessor, Al Casamento, as the respondent in this suit. FED. R. CIV. P. 25(d).