Waters v. Attorney General for the State of New Mexico et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSEPH B. WATERS,
Petitioner,
v. 	No. 2:22-cv-926 MV/KRS
FNU STEVENSON Warden, and
ATTORNEY GENERAL OF THE
STATE OF NEW MEXICO,
Respondents. 1
ORDER TO WITHDRAW PROPOSED FINDINGS
AND RECOMMENDED DISPOSITION
The Court hereby withdraws the Proposed Findings and Recommended Disposition, (Doc.
24), filed March 3, 2026.
___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
1 Petitioner is in custody under a state-court judgment. He was incarcerated at Lea County Correctional Center in
Hobbs, New Mexico at the time of his filing. See (Doc. 15) at 1. Petitioner is presently incarcerated at Guadalupe
County Correctional Facility (“GCCF”) in Santa Rosa, New Mexico. See https://www.cd.nm.gov/offender-search/
(last accessed March 24, 2026). The warden of GCCF, Matt Montoya, and the Attorney General of the State of New
Mexico are thus proper party respondents in this Section 2254 habeas proceeding. See Habeas Corpus Rule 2(a) (“If
the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state
officer who has custody.”). The warden of GCCF is therefore substituted in place of FNU Stevenson Warden as a
party respondent in this Section 2254 habeas proceeding.
Case 2:22-cv-00926-MV-KRS Document 27 Filed 03/24/26 Page 1 of 1