Branch v. State of New Mexico et al

Filing 14

MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez ADOPTING 13 REPORT AND RECOMMENDATIONS re 1 Petition for 2254 Relief filed by Christopher Branch; and DENYING 4 Petition for 2254 Relief. Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge's Proposed Findings and Recommended Disposition (doc. 13 ) are ADOPTED. Petitioners application for writ of habeas corpus (doc. 4 ) is DENIED, and this case is DISMISSED WITH PREJUDICE. (gr)

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

CHRISTOPHER BRANCH,
Petitioner,
vs.

No. CIV 17-761-MV-GBW

STATE OF NEW MEXICO, et al.,
Respondents.

MEMORANDUM OPINION AND ORDER
ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

This matter is before the Court on the Magistrate Judge’s Proposed Findings and

Recommended Disposition (“PFRD”) (doc. 13), recommending that the Court deny Petitioner’s
Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (doc. 4) and dismiss all claims with
prejudice.
This case was referred to the Magistrate Judge to conduct hearings and perform legal
analysis pursuant to 28 U.S.C. § 636(b)(1)(B), (b)(3) and Virginia Beach Federal Savings &
Loan Association v. Wood, 901 F.2d 849 (10th Cir. 1990). See doc. 12. The Magistrate Judge
filed his PFRD recommending dismissal on June 4, 2019. Doc. 13. Neither Petitioner nor
Respondents filed objections to the Magistrate Judge’s PFRD within the allotted time. Appellate
review of these issues is therefore waived. See United States v. One Parcel of Real Prop., 73
F.3d 1057, 1059–60 (10th Cir. 1996).
Failure to object to the PFRD also waives the right to de novo review by the district court.
See id. at 1060; Thomas v. Arn, 474 U.S. 140, 149–150 (1985). Nevertheless, the Court elected
to conduct a de novo review of the Magistrate Judge’s findings in this case. See One Parcel, 73

F.3d at 1061. The Court hereby concurs with all of the factual and legal conclusions recited
therein.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings
and Recommended Disposition (doc. 13) are ADOPTED. Petitioner’s application for writ of
habeas corpus (doc. 4) is DENIED, and this case is DISMISSED WITH PREJUDICE.

MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE

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