Rivera v. Wetzel et al, No. 1:2016cv00286 - Document 8 (D.N.M. 2017)

Court Description: MEMORANDUM OPINION AND ORDER by District Judge William P. Johnson ADOPTING 7 Judges Proposed Findings and Recommended Disposition re 1 Petition for 2254 Relief filed by Shaila Rivera. (mag)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SHAILA RIVERA, Petitioner, v. Civ. No. 16-286 WJ/GBW MONICA WETZEL, Respondent. MEMORANDUM OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE THIS MATTER comes before the Court on the Magistrate Judge’s Proposed Findings and Recommended Disposition, filed on June 23, 2016 (Doc. 7) (“PFRD”). In his PFRD, the Honorable Gregory B. Wormuth, United States Magistrate Judge, found that Petitioner Shaila Rivera’s federal habeas application contains only unexhausted claims. See PFRD at 4-9. Judge Wormuth recommended that the Court dismiss the Petition without prejudice. See PFRD at 9. To date, Petitioner has not filed any objections, and there is nothing in the record indicating that the proposed findings were not delivered. Upon review of the record, the Court concurs with the Magistrate Judge’s conclusions in the PFRD. Wherefore, IT IS HEREBY ORDERED that the PFRD (doc. 7) is ADOPTED and that the petition is DISMISSED without prejudice. A final order dismissing the case will be filed herewith. _________________________________ UNITED STATES DISTRICT JUDGE