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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?