Boyett v. Smith et al, No. 2:2017cv00374 - Document 30 (D.N.M. 2018)
Court Description: FINAL JUDGMENT by District Judge Kenneth J. Gonzales. (tah)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CECIL BOYETT, Petitioner, No. CV 17-374 KG/CG v. R.C. SMITH, et al., Respondents. FINAL JUDGMENT THE COURT, having issued an Order adopting the Proposed Findings and Recommended Disposition of Chief United States Magistrate Judge Carmen E. Garza, (Doc. 29), enters this Judgment in compliance with Rule 58 of the Federal Rules of Civil Procedure. Petitioner’s Motion Under 28 U.S.C. § 2254 to Vacate, Set Aside, or Correct Sentence by a Person in State Custody, (Doc. 1), Motion for Order of Release from Custody; Second Request for Appointment of Counsel, (Doc. 19), and Motion to Produce; or in the Alternative-Issuance of Subpoena to April Perea, State Trial Jury Member–Pursuant to Rule 45(3)(c)(i), Fed. Rules of Civil Procedure, (Doc. 26), are DENIED, and this case is DISMISSED WITH PREJUDICE. Additionally, pursuant to Rule 11 of the Rules Governing Section 2254 Proceedings for the United States District Courts, the Court DENIES a certificate of appealability. IT IS SO ORDERED. ___________________________________ UNITED STATES DISTRICT JUDGE
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