Ibarra v. Terry

Full title: JOSE C. IBARRA, Petitioner, v. RAY TERRY, Respondent

Court: United States District Court, D. New Mexico

Date published: Jun 14, 2010

CIV 10-0392 WJ/KBM (D.N.M. Jun. 14, 2010)

Opinion

CIV 10-0392 WJ/KBM.

June 14, 2010

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

WILLIAM JOHNSON, District Judge

The Magistrate Judge filed her proposed findings on May 17, 2010, recommending that the United States' motion to dismiss be granted. See Doc. 8. Neither the motion nor the proposed findings indicate whether the dismissal should be with or without prejudice. Based on the reasons for the dismissal, however, I find it should be without prejudice. See Doc. 7 at 3 ( Zadvydas claim premature; Demore claim unexhausted).

The proposed findings notify Petitioner of his ability to file objections and that failure to do so waives appellate review. To-date, Petitioner has not 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 Proposed Findings and Recommended Disposition (Doc. 8) is ADOPTED;

2. Respondents' Motion to Dismiss (Doc. 7) is GRANTED insofar as it seeks dismissal without prejudice;

3. The petition is dismissed without prejudice; and

4. A final order enter concurrently herewith.