James v. Smith et al

Filing 16

ORDER by District Judge Judith C. Herrera ADOPTING 15 Magistrate Judge's Partial Proposed Findings and Recommended Disposition and Ordering Supplemental Briefing. (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SERGIO T. JAMES,
Petitioner,
vs.

CIV 17-0360 JCH/ KBM

RAYMOND SMITH, Warden, and
HECTOR H. BALDERAS, Attorney
General for the State of New Mexico,
Respondents.

ORDER ADOPTING MAGISTRATE JUDGE’S
PARTIAL PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
The Magistrate Judge filed her Partial Proposed Findings and Recommended
Disposition on November 13, 2017 (Doc.15). The proposed findings notify Petitioner
and Respondents of their ability to file objections within fourteen (14) days and that
failure to do so waives appellate review. To-date, neither Petitioner nor Respondents
have filed any objections and there is nothing in the record indicating that the proposed
findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Magistrate Judge’s Partial Proposed Findings and Recommended
Disposition (Doc. 15) is ADOPTED;

2.

Grounds One, Two, and Four of Petitioner’s Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. 1) are dismissed with
prejudice;

3.

A certificate of appealability as to Grounds One, Two, and Four of
Petitioner’s Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2254 (Doc. 1) is DENIED;

4.

Respondents shall submit a supplemental brief on Ground Three, specific
to Case. No. D-905-CR-2011-0383, within thirty (30) days from the entry
of this Order. Petitioner shall be permitted to file a Reply no later than
thirty (30) days from the date of filing of Respondent’s supplemental brief.

______________________________
UNITED STATES DISTRICT JUDGE

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