Tafoya v. Martinez

Filing 28

ORDER for Supplemental Briefing by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANDRES JOAQUIN TAFOYA,
Petitioner,
v.

No. CV 17-0379 RB/CG

RICK MARTINEZ,
Respondent.
ORDER FOR SUPPLEMENTAL BRIEFING
THIS MATTER is before the Court sua sponte to order supplemental briefing on
Petitioner’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (“Petition”),
(Doc. 1). In his Response to the Petition, Respondent asserts the Petition is “mixed”
because Petitioner’s ineffective assistance of counsel claims have not been exhausted
in the state courts. (Doc. 10 at 10-12). Respondent asks the Court to either dismiss the
Petition without prejudice to allow exhaustion of those claims, or order Petitioner to
delete his unexhausted claims and decide his remaining claims on the merits. Id. at 12.
On February 22, 2018, Petitioner filed a Notice of Election to Delete Ineffective
Assistance of Counsel Claim From Petition for Writ of Habeas Corpus, (Doc. 27), stating
that he elects to delete his claims of ineffective assistance of counsel set forth in
paragraphs 47 and 48 of the Petition, and asking the Court to decide his remaining
claims. (Doc. 27 at 2-3). Because Petitioner has agreed to dismiss his unexhausted
claims, the Court will proceed on the merits of his remaining claims. However, since
Respondent has not provided briefing on the merits of those claims, the Court will order
supplemental briefing.

IT IS THEREFORE ORDERED that Respondent is to file a Supplemental Brief
that addresses the merits of Petitioner’s remaining claims by May 3, 2018, and
Petitioner may file a Reply to the Supplemental Brief by June 4, 2018.

_________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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