Tafoya v. Martinez
Filing
49
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 40 Motion for Judgment on the Pleadings by Sr. District Judge Robert C. Brack. (yc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANDRES JOAQUIN TAFOYA,
Petitioner,
v.
No. CV 17-379 RB/CG
RICK MARTINEZ,
Respondent.
ORDER ADOPTING CHIEF MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Chief Magistrate Judge’s Proposed Findings
and Recommended Disposition (PFRD), filed November 26, 2018. (See Doc. 44.) In the PFRD,
the Chief Magistrate Judge recommended that Respondent’s Motion for Judgment on the
Pleadings, Pursuant to Federal Rule of Civil Procedure 12(c), (Doc. 40), be granted; Mr.
Tafoya’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, (Doc. 1), be denied;
and this case be dismissed with prejudice. (Doc. 44 at 29.) The parties were notified that written
objections to the PFRD were due within fourteen days. (Id.) Mr. Tafoya’s counsel requested and
was granted two extensions of time to file objections. (Docs. 46; 48.) No objections have been
filed and the deadline of December 26, 2018, has passed. The recommendations of the Chief
Magistrate Judge are therefore adopted by this Court.
IT IS THEREFORE ORDERED that Respondent’s Motion for Judgment on the
Pleadings, Pursuant to Federal Rule of Civil Procedure 12(c), (Doc. 40), is GRANTED, Mr.
Tafoya’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, (Doc. 1), is
DENIED, and this case is DISMISSED WITH PREJUDICE.
________________________________
ROBERT C. BRACK
SENIOR U.S. DISTRICT JUDGE
2
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