Opinion
Civ. 23-0198 DHU/GJF
07-12-2024
ALEXANDER ANTHONY VELASQUEZ, Petitioner, v. ATTORNEY GENERAL FOR THE STATE OF NEW MEXICO, Respondent.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
HON. DAVID HERRERA, URIAS UNITED STATES DISTRICT JUDGE.
Magistrate Judge Gregory Fouratt filed a Proposed Findings and Recommended Disposition (“PFRD”) on June 21, 2024, in which he recommended that (1) the Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus be denied for failure to exhaust appellate and administrative remedies; and (2) this case be dismissed without prejudice. ECF 11. The PFRD notified the parties of their ability to file objections no later than July 5, 2024 (fourteen days after filing of PFRD), and that failure to do so waived appellate review. Id. at 4. Neither party filed objections to the PFRD and the time for doing so has now lapsed. Accordingly, the Court concludes that appellate review has been waived.
Because Plaintiff receives service by mail, he was permitted to file objections to the PFRD by July 8, 2024. See Fed.R.Civ.P. 6(d). He has instead filed nothing even as of the date on which this Order is entered.
IT IS THEREFORE ORDERED that the PFRD [ECF 11] is ADOPTED and the Petition for Writ of Habeas Corpus is DENIED WITHOUT PREJUDICE. A final order entered concurrently herewith DISMISSES this case WITHOUT PREJUDICE.