Franklin v. Martinez et al

Filing 50

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS by Sr. District Judge Robert C. Brack ADOPTING 48 PROPOSED FINDINGS AND RECOMMENDED DISPOSITION (PFRD) by Magistrate Judge Gregory J. Fouratt. It Is Further Ordered that 1 Petition for 2254 Relief filed by Bryce Franklin is DENIED. It Is Further Ordered 38 Motion to Appoint Counsel filed by Bryce Franklin, 43 PETITIONER'S MOTION For Temporary Stay For Time Limit To File Reply for Order filed by Bryce Franklin, 44 PETITIONER'S MOTION To Enforce July 2nd, 2024 Order filed by Bryce Franklin are DENIED as moot. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BRYCE FRANKLIN,
Petitioner,
vs.

No. 2:22-cv-0699 RB/GJF

RONALD MARTINEZ and
ATTORNEY GENERAL FOR
THE STATE OF NEW MEXICO,
Respondents.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on United States Magistrate Judge Gregory J. Fouratt’s
Proposed Findings and Recommended Disposition (PFRD) filed February 11, 2025. (Doc. 48.)
Judge Fouratt examined Franklin’s Petition Under 28 U.S.C. § 2254 (Doc. 1) and recommends
denying it and dismissing this case with prejudice. (See Doc. 48 at 1–2.) He also recommends
denying as moot Franklin’s Renewed Motion for Appointment of Counsel (Doc. 38), Franklin’s
Motion for Temporary Stay for Time Limit to File Reply (Doc. 43), and Franklin’s Motion to
Enforce July 2, 2024 Order (Doc. 44). (See Doc. 48 at 1.) Judge Fouratt notified the parties of their
ability to file objections no later than 14 days after the PFRD was filed. (Id. at 43.) Four weeks
have passed. Respondents filed a notice of non-objection (Doc. 49), and Franklin has not filed
objections. As no party filed objections within the time allowed, the Court concludes that appellate
review has been waived.
IT IS THEREFORE ORDERED that the PFRD (Doc. 48) is ADOPTED;
IT IS FURTHER ORDERED that the Court finds Franklin’s Petition (Doc. 1) is
untimely, is not subject to tolling, is insufficient to state a claim for habeas relief, and will thus be
DENIED.

IT IS FURTHER ORDERED that the Renewed Motion for Appointment of Counsel
(Doc. 38); Motion for Temporary Stay for Time Limit to File Reply (Doc. 43); and Motion to
Enforce July 2, 2024 Order (Doc. 44) are DENIED as moot.
IT IS FURTHER ORDERED this matter is DISMISSED with prejudice.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
IT IS SO ORDERED.

________________________________
ROBERT C. BRACK
SENIOR U.S. DISTRICT JUDGE

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