Toya v. Casamento et al

Filing 11

ORDER by Chief Magistrate Judge Karen B. Molzen removing Al Casamento, Director/Warden Sandoval County Detention Facility from the caption as Respondent, and ordering the Tribal Respondents to file an ANSWER to the Petition within 30 days of the entry of this Order. (KBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MILTON TOYA,
Petitioner,
vs.

No. CV 17-00258 JCH/KBM

AL CASMENTO, DIRECTOR,
Sandoval County Detention Center,
ALAN TOLEDO, Pueblo of Jemez Tribal Court Judge, and
JOSEPH A. TOYA, Pueblo of Jemez, Governor, and
WILLIAM WAQUIE, Pueblo of Jemez, 1st Lt. Governor, and
JONATHAN ROMERO, Pueblo of Jemez, 2nd Lt. Governor,
Respondents.
ORDER TO ANSWER
This matter is before the Court on Petitioner Milton Toya’s First Amended Petition For
Writ of Habeas Corpus for Relief From a Tribal Court Conviction Pursuant to 25 U.S.C. § 1303
(Doc. 10). The Amended Petition continues to name Al Casamento, Director of Sandoval
County Detention Center, as a Respondent. The Court has dismissed Respondent Casamento
and Petitioner may not proceed further against Casamento. (Doc. 9). The Court will direct that
Casamento be removed from the case caption as a named Respondent.

The Court has reviewed

the Amended Petition and determined that it is not subject to summary dismissal and, therefore,
will order Respondents Alan Toledo, Joseph A. Toya, William Waquie, and Jonathan Romero to
file an answer. See Rule 4 of the Rules Governing Section 2254 Cases in the United States
District Courts.
IT IS THEREFORE ORDERED:
(1) that Al Casamento, Director/Warden Sandoval County Detention Center, be removed
from the caption of the case as a named Respondent; and

1

(2) that Respondents Alan Toledo, Pueblo of Jemez Tribal Court Judge, Joseph A. Toya,
Pueblo of Jemez Governor, William Waquie, Pueblo of Jemez 1st Lt. Governor, and Jonathan
Romero, Pueblo of Jemez 2nd Lt. Governor ANSWER the Amended Petition within thirty (30)
days from the date of entry of this Order. Respondents’ answer shall advise, but is not limited to,
whether the Petition has exhausted his tribal court remedies as to the issues raised in the federal
petition. In each case, Respondents shall attach to his answer copies of any pleading pertinent to
the issue of exhaustion which was filed by Petitioner in the sentencing court, the district court,
and appellate courts, together with copies of all memoranda filed by both parties in support of or
in response to those pleadings. Respondents shall also attach to the answer copies of all tribal
court findings and conclusions, docketing statements, and opinions issued in Petitioner’s tribal
court post-conviction or appellate proceedings and/or any recordings of those proceedings. In the
event Respondents deny exhaustion, Respondents shall identify the tribal court procedures
currently available to Petitioner given the nature of Petitioner’s claims and their procedural
history.

_________________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE

2