Smith v. Wrigley et al

Filing 16

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS and DENYING 1 Petition for 2254 Relief filed by Dominick Smith by District Judge Martha Vazquez. IT IS HEREBY ORDERED AS FOLLOWS: 1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 13 ) is ADOPTED; and 2. This action is dismissed with prejudice, and a final order will be entered concurrently herewith. (gr)

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

DOMINICK SMITH,
Plaintiff,
v.

CIV 15-0441 MV/KBM

JEFF WRIGLEY, Warden, and
HECTOR BALDERAS, New Mexico
Attorney General,
Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended
Disposition on April 15, 2016 (Doc. 13). The proposed findings notify Smith of his ability
to file objections and that failure to do so waives appellate review. Smith’s objections
were originally due on May 2, 2016; however, he was granted an extension until June 1,
2016, to file his objections. To-date, Smith has not filed any objections and there is
nothing in the record indicating that the proposed findings were not delivered to him.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Magistrate Judge’s Proposed Findings and Recommended
Disposition (Doc. 13) is ADOPTED; and

2.

This action is dismissed with prejudice, and a final order will be entered
concurrently herewith.

UNITED STATES DISTRICT JUDGE