Coriz v. Rodriguez et al

Filing 5

ORDER TO ANSWER by Chief Magistrate Judge Karen B. Molzen. (KBM)

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

DANIEL CORIZ
Petitioner,
v.

No. 1:17-cv-1258 JB/KBM

VICTOR RODRIGUEZ,
ROBERT CORIZ, AND
KEWA PUEBLO,
Respondents.
ORDER TO ANSWER
This matter is before the Court on Daniel Coriz’s petition under 25 U.S.C. § 1303 for
habeas corpus relief from a tribal court conviction (“Petition”) (Doc. 1). After reviewing the
Petition, the Court determines it is not subject to summary dismissal. Petitioner, through counsel,
has already served Robert Coriz and filed an affidavit of service in accordance with the
requirements of Fed. R. Civ. P. 4. The Court will therefore order Coriz to file an answer to the
Petition, as described below.
IT IS ORDERED that Coriz shall file an answer to the Petition (Doc. 1) within thirty (30)
days from the date of entry of this Order. To the extent that deadline conflicts with any summons
or procedural rule, this Order controls.
IT IS FURTHER ORDERED that the answer shall advise, but is not limited to, whether
the Petitioner has exhausted his tribal court remedies with respect to the issues raised in the habeas
petition. Coriz shall attach to his answer copies of any pleading pertinent to the issue of
exhaustion which was filed by Petitioner in the sentencing court and appellate courts, together
with copies of all memoranda filed by both parties in support of or in response to those pleadings.

Coriz shall also attach to the answer copies of all tribal court findings and conclusions, docketing
statements, and opinions issued in Petitioner’s tribal court post-conviction or appellate
proceedings. In the event Coriz denies exhaustion, Coriz shall identify the tribal court procedures
currently available to Petitioner given the nature of Petitioner’s claims and their procedural
history.
IT IS FURTHER ORDERED that the Clerk shall send a copy of this Order to Coriz,
General Counsel for the Pueblo of Santo Domingo, and the Special Prosecutor of the Santo
Domingo Tribal Courts using the contact information provided on the attachment to the Civil
Cover Sheet (Doc. 4).

_________________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE

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