Ellis v. Attorney General State of New Mexico

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS by District Judge Judith C. Herrera denying 30 Petitioner's motion to withdraw and stay petition, granting 29 Petitioner's motion for an extension of time. Petitioner shall file his reply, if any, to the amended answer on or before September 10, 2019 (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GENE GILBERT ELLIS,
Petitioner,
v.

No. 2:18-cv-00012-JCH-KRS

ATTORNEY GENERAL STATE OF
NEW MEXICO, and RAYMOND SMITH,
Warden, Lea County Correctional Facility,
Respondents.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED
DISPOSITION, DENYING MOTION TO WITHDRAW AND STAY PETITION, AND
GRANTING MOTION FOR AN EXTENSION OF TIME
THIS MATTER comes before the Court on Magistrate Judge Kevin R. Sweazea’s
proposed findings and recommended disposition (“PFRD”) filed July 30, 2019. (Doc. 32). In the
PFRD, Judge Sweazea recommends that the Court deny Petitioner’s motion to withdraw and stay
his petition, but allow Petitioner an extension of time to file a reply to address Respondents’
amended answer. The PFRD notified the parties of their ability to file objections within fourteen
(14) days and that failure to do so waived appellate review. To date, the parties have not filed
any objections and the time for doing so has expired.
IT IS THEREFORE ORDERED that:
1. The July 30, 2019 PFRD is ADOPTED as an order of this Court.
2. Petitioner’s motion to withdraw and stay petition (Doc. 30) is DENIED.
3. Petitioner’s motion for an extension of time (Doc. 29) is GRANTED. Petitioner shall
file his reply, if any, to the amended answer on or before September 10, 2019.

_______________________________________
UNITED STATES DISTRICT JUDGE