Opinion
No. 11-cv-0405 JCH/SMV
05-14-2013
XEZAKIA ROUSE, Petitioner, v. ANTHONY ROMERO, Respondent.
ORDER GRANTING MOTION FOR PRODUCTION AND FOR EXTENSION OF TIME
THIS MATTER is before the Court on Petitioner's letter, filed on May 14, 2013, which the court construes as a motion. [Doc. 139]. The undersigned issued Proposed Findings and Recommended Disposition [Doc. 137] ("PF&RD") on May 3, 2013, to deny without prejudice the underlying 28 U.S.C. § 2254 petition [Doc. 3] for failure to exhaust state-court remedies. Petitioner asserts in his letter that his petition for writ of certiorari to the New Mexico Supreme Court will demonstrate that he did exhaust his state-court remedies. [Doc. 139] at 1. He requests that Respondent be ordered to produce a copy of the petition, and he requests that the deadline to object to the PF&RD be extended until after the certiorari petition is filed in this Court. Id. at 5. The Court, being fully advised in the premises, finds that the motion is well-taken and should be granted.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the requests in Petitioner's letter [Doc. 139] are GRANTED to the following extent:
(1) Within 10 days of entry of this Order, Respondent shall file on the record in this case a copy of the petition for writ of certiorari to the New Mexico Supreme Court filed by
Petitioner on September 27, 2011 in state-court case no. 33,232. See [Doc. 50] at 3-8 (response to said petition); and
(2) The deadline to object to the PF&RD is extended to 14 days after a copy of the certiorari petition is filed this Court.
IT IS SO ORDERED.
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STEPHAN M. VIDMAR
United States Magistrate Judge