KILLINGSWORTH v. MOYA

Full title: BILLY CLAIR KILLINGSWORTH, Petitioner, v. STANLEY MOYA, Warden, et al.…

Court: United States District Court, D. New Mexico

Date published: Sep 29, 2007

CIV 07-389 MV/CEG (D.N.M. Sep. 29, 2007)

Opinion

CIV 07-389 MV/CEG.

September 29, 2007

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

MARTHA VAZQUEZ, District Judge

The Magistrate Judge filed her Proposed Findings and Recommended Disposition on August 8, 2007. See Doc 20. Killingsworth filed his objections to the Proposed Findings and Recommended Disposition on September 20, 2007. See Doc. 32. The Court has carefully reviewed Killingsworth's objections de novo and finds that he is simply rearguing the claims submitted to the Court in his Application for Writ of Habeas Corpus.¹ Killingsworth fails to understand that he is challenging extradition in the demanding state and, as such, habeas review is not proper. Accordingly, the Court concurs with the Magistrate Judge's Proposed Findings and Recommended Disposition and finds Killingsworth's objections to be without merit.

1 Much of Killingsworth's objections do not even address the contents of the Proposed Findings and Recommended Disposition. See, e.g., Doc. 32 at 1-4.

Wherefore,

IT IS HEREBY ORDERED THAT:

1) the Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 20) are adopted;

2) the Application for Writ of Habeas Corpus (Doc. 1) is denied; and

3) civil case number 07-389 MV/CEG is dismissed with prejudice.