Fragua v. Elwell et al, No. 1:2016cv01404 - Document 16 (D.N.M. 2017)

Court Description: ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDATIONS by District Judge Robert C. Brack adopting re 12 Report and Recommendations and granting 1 Petition; Fragua's conviction is REVERSED. (jn)

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Fragua v. Elwell et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ALAN FRAGUA, Petitioner, v. 1:16-cv-01404-RB-WPL MATTHEW ELWELL1, Director, Sandoval County Detention Center, Respondent. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION This matter is before the Court on the Magistrate Judge’s Proposed Findings and Recommended Disposition (PFRD), filed May 8, 2017. (Doc. 12.) Respondent Elwell filed a notice of non-objection. (Doc. 14.) IT IS THEREFORE ORDERED that: 1) the PFRD is adopted as an order of the Court; 2) the Petition (Doc. 1) is GRANTED; and 3) Fragua’s conviction is REVERSED. _________________________________ UNITED STATES DISTRICT JUDGE 1 Matthew Elwell, the new Director of the Sandoval County Detention Center, is automatically substituted for his predecessor, Al Casamento, as the respondent in this suit. FED. R. CIV. P. 25(d).
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