Toya v. Casamento et al
Filing
19
ORDER by District Judge Judith C. Herrera adopting 18 Proposed Findings and Recommended Disposition, granting 10 Petitioner's First Amended Petition for Writ of Habeas Corpus for Relief form a Tribal Court Conviction Pursuant to 25 U.S.C. § 1303, reversing Petitioner's conviction (baw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MILTON TOYA
Petitioner,
v.
CIV 17-0258 JCH/KBM
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,
Respondents.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended
Disposition on September 9, 2017 (Doc. 18). The proposed findings notify the parties of
their ability to file objections and that failure to do so waives appellate review. To-date,
neither Petitioner nor Respondents have not filed any objections, and there is nothing in
the record indicating that the proposed findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.
The Magistrate Judge’s Proposed Findings and Recommended
Disposition (Doc. 18) is ADOPTED;
2.
Petitioner’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) is
GRANTED;
3.
Petitioner’s conviction is REVERSED; and
4.
A final order will be entered concurrently herewith.
_______________________________
UNITED STATES DISTRICT JUDGE
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