Pacheco v. Geisen, 1:17-cv-749-WJ-KRS. (2019)
Court: District Court, D. New Mexico
Number: infdco20190405f24
Visitors: 4
Filed: Apr. 04, 2019
Latest Update: Apr. 04, 2019
Summary: ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDED DISPOSITION OF THE MAGISTRATE JUDGE WILLIAM P. JOHNSON , Chief District Judge . THIS MATTER comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus for Relief from a Tribal Court Conviction Pursuant to 25 U.S.C. 1303 ("Petition"), filed July 19, 2017 (Doc. 1). In accordance with 28 U.S.C. 636(b)(1)(B), the matter was referred to Magistrate Judge Kevin R. Sweazea who entered Proposed Findings of Fact and [a] Re
Summary: ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDED DISPOSITION OF THE MAGISTRATE JUDGE WILLIAM P. JOHNSON , Chief District Judge . THIS MATTER comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus for Relief from a Tribal Court Conviction Pursuant to 25 U.S.C. 1303 ("Petition"), filed July 19, 2017 (Doc. 1). In accordance with 28 U.S.C. 636(b)(1)(B), the matter was referred to Magistrate Judge Kevin R. Sweazea who entered Proposed Findings of Fact and [a] Rec..
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ORDER ADOPTING PROPOSED FINDINGS OF FACT AND RECOMMENDED DISPOSITION OF THE MAGISTRATE JUDGE
WILLIAM P. JOHNSON, Chief District Judge.
THIS MATTER comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus for Relief from a Tribal Court Conviction Pursuant to 25 U.S.C. § 1303 ("Petition"), filed July 19, 2017 (Doc. 1). In accordance with 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Judge Kevin R. Sweazea who entered Proposed Findings of Fact and [a] Recommended Disposition ("PFRD") (Doc. 47) on March 6, 2019. As detailed in the PFRD, Judge Sweazea recommended that the Court grant Petitioner's Petition and vacate Petitioner's underlying sentence and conviction. Judge Sweazea also notified the parties of their right to file written objections pursuant to 28 U.S.C. § 636(b)(1)(C). Neither party objected to the PFRD and the deadline for so doing expired on or about March 20, 2019. Having reviewed the record, the Court determines that it will adopt the PFRD in its entirety, grant Petitioner's Petition, and vacate Petitioner's underlying sentence and conviction.
IT IS, THEREFORE, ORDERED that the Magistrate Judge's Proposed Findings of Fact and Recommended Disposition (Doc. 47) is hereby ADOPTED.
IT IS FURTHER ORDERED that Petitioner's Petition (Doc. 1) is hereby GRANTED and his underlying sentence and conviction are hereby VACATED.
Source: Leagle
