ROMERO v. MOYA

Full title: JORGE FELIX EXIDORO ROMERO, Petitioner, v. STANLEY MOYA, Warden, et al.…

Court: United States District Court, D. New Mexico

Date published: Mar 14, 2007

CIV 06-0990 MV/KBM (D.N.M. Mar. 14, 2007)

Opinion

CIV 06-0990 MV/KBM.

March 14, 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 February 2, 2007. See Doc. 18. 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 nothing in the record indicates that the proposed findings were not delivered.

Wherefore,

IT IS HEREBY ORDERED THAT:

1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 18) is ADOPTED;

2. Respondents' motion to strike (Doc. 10) is DENIED;

3. Respondents' motion to dismiss that was filed in error (Doc. 11) is DENIED AS MOOT;

4. Respondents' corrected motion to dismiss (Doc. 15) is GRANTED IN PART;

5. Petitioner's motion for appointment of counsel (Doc. 17) is DENIED;

6. The § 2254 petition is dismissed with prejudice as without merit; and

7. A final order enter concurrently herewith.