Chavez v. Franco et al

Filing 8

ORDER by District Judge Kenneth J. Gonzales denying as moot 3 Petitioner's Motion to Correct Record. (tah)

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

MICHAEL F. CHAVEZ,
Petitioner,
v.

No. 1:17-CV-871-KG-KRS

GERMAN FRANCO, Warden, and
STATE OF NEW MEXICO,
Respondents.
ORDER DENYING MOTION TO CORRECT RECORD
THIS MATTER comes before the Court upon Petitioner’s Motion to Correct Record filed
November 7, 2017. (Doc. 3). In his motion, Petitioner explains that his Petition for Writ of
Habeas Corpus (Doc. 1) should not be considered “new” and he asks the Court to file the petition
in Case No. 1:15-cv-701-WJ-GBW. However, on November 28, 2017, the Court entered an
Order Denying Motion to Reinstate and Motion to Expand Record (Doc. 21) (hereto attached) in
Case No. 1:15-cv-701-WJ-GBW which rendered moot the motion at bar.
IT IS, THEREFORE, ORDERED that Petitioner’s Motion to Correct Record (Doc. 3) is
hereby DENIED as moot.

___________________________________
UNITED STATES DISTRICT JUDGE