Branch v. State of New Mexico

Opinion

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

CHRISTOPHER BRANCH,

Petitioner,

vs. No. CIV 17-761-MV-GBW

STATE OF NEW MEXICO, et al.,

Respondents.

MEMORANDUM OPINION AND ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

This matter is before the Court on the Magistrate Judge’s Proposed Findings and Recommended Disposition (“PFRD”) (doc. 13), recommending that the Court deny Petitioner’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (doc. 4) and dismiss all claims with prejudice. This case was referred to the Magistrate Judge to conduct hearings and perform legal analysis pursuant to 28 U.S.C. § 636(b)(1)(B), (b)(3) and Virginia Beach Federal Savings & Loan Association v. Wood, 901 F.2d 849 (10th Cir. 1990). See doc. 12. The Magistrate Judge filed his PFRD recommending dismissal on June 4, 2019. Doc. 13. Neither Petitioner nor Respondents filed objections to the Magistrate Judge’s PFRD within the allotted time. Appellate review of these issues is therefore waived. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1059–60 (10th Cir. 1996). Failure to object to the PFRD also waives the right to de novo review by the district court. See id. at 1060; Thomas v. Arn, 474 U.S. 140, 149–150 (1985). Nevertheless, the Court elected to conduct a de novo review of the Magistrate Judge’s findings in this case. See One Parcel, 73 F.3d at 1061. The Court hereby concurs with all of the factual and legal conclusions recited therein. Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings and Recommended Disposition (doc. 13) are ADOPTED. Petitioner’s application for writ of habeas corpus (doc. 4) is DENIED, and this case is DISMISSED WITH PREJUDICE.

Mp MARTHA VAZQUEZ UNITED STATES DISTRICT JUDGE