Pacheco v. Geisen et al

Filing 48

ORDER by Chief District Judge William P. Johnson ADOPTING Findings of Fact and Recommended Disposition. (mag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

WAYLON PACHECO,
Petitioner,
v.

No. 1:17-cv-749-WJ-KRS

TODD GEISEN Captain/Warden, Bureau
of Indian Affairs, Office of Justice Services,
Division of Corrections, TIMOTHY
BAILON, Tribal Official, Kewa Pueblo, ROGER
CALABAZA, Tribal Official, Kewa Pueblo, in their
Individual and Official Capacities,
Respondents.

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDED
DISPOSITION OF THE MAGISTRATE JUDGE
THIS MATTER comes before the Court upon Petitioner’s Petition for Writ of Habeas
Corpus for Relief from a Tribal Court Conviction Pursuant to 25 U.S.C. § 1303 (“Petition”),
filed July 19, 2017 (Doc. 1). In accordance with 28 U.S.C. § 636(b)(1)(B), the matter was
referred to Magistrate Judge Kevin R. Sweazea who entered Proposed Findings of Fact and [a]
Recommended Disposition (“PFRD”) (Doc. 47) on March 6, 2019. As detailed in the PFRD,
Judge Sweazea recommended that the Court grant Petitioner’s Petition and vacate Petitioner’s
underlying sentence and conviction. Judge Sweazea also notified the parties of their right to file
written objections pursuant to 28 U.S.C. § 636(b)(1)(C). Neither party objected to the PFRD and
the deadline for so doing expired on or about March 20, 2019. Having reviewed the record, the
Court determines that it will adopt the PFRD in its entirety, grant Petitioner’s Petition, and
vacate Petitioner’s underlying sentence and conviction.

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IT IS, THEREFORE, ORDERED that the Magistrate Judge’s Proposed Findings of
Fact and Recommended Disposition (Doc. 47) is hereby ADOPTED.
IT IS FURTHER ORDERED that Petitioner’s Petition (Doc. 1) is hereby GRANTED
and his underlying sentence and conviction are hereby VACATED.

_____________________________________
CHIEF UNITED STATES DISTRICT JUDGE

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