Armijo v. Tapia

Full title: ANTHONY T. ARMIJO, Applicant, v. GEORGE TAPIA, WARDEN, AND THE ATTORNEY…

Court: United States District Court, D. New Mexico

Date published: Apr 8, 2008

CV 07-1066 JH/WPL (D.N.M. Apr. 8, 2008)

Opinion

CV 07-1066 JH/WPL.

April 8, 2008

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

JUDITH HERRERA, District Judge

This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition and Anthony T. Armijo's objections thereto. (Doc. 26, 30.) In his objections, Armijo contends that the magistrate refused to consider all the facts and misconstrued both the facts and the law. After conducting a de novo review, I find these objections to be without merit. Armijo also asserts that he is entitled to an evidentiary hearing. Because his claims can be resolved on the basis of the record, however, a hearing is not necessary. See Parker v. Scott, 394 F.3d 1302, 1324 (10th Cir. 2005).

IT IS THEREFORE ORDERED that:

1) the Magistrate Judge's Proposed Findings and Recommended Disposition are adopted as an order of the Court;

2) the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody (Doc. 1) is denied;

3) Armijo's motions for summary judgment (Doc. 3, 10) are denied;

4) Respondents' motion to dismiss (Doc. 17) is granted; and

5) this cause is dismissed with prejudice.