Hepple v. Attorney General of the State of New Mexico

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MATTHEW STEPHEN HEPPLE,
Petitioner,
v. 	No. 2:23-cv-00864-MV-KRS
ATTORNEY GENERAL FOR
THE STATE OF NEW MEXICO
Respondent.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on United States Magistrate Judge Kevin R. Sweazea’s
Proposed Findings and Recommended Disposition (“PFRD”) filed May 4, 2026. (Doc. 16.) In the
PRFD, Judge Sweazea found that Respondent Attorney General for the State of New Mexico’s
(“Respondent”) Motion to Dismiss for Failure to Prosecute and Failure to Comply with Court
Orders, (Doc. 13), is without merit and recommends denying without prejudice.
The PFRD notified the parties of their ability to file objections no later than 14 days after
the PFRD was filed. (Doc. 16 at 12). The parties have not filed any objections to date. The Tenth
Circuit has held “that a party’s objections to the magistrate judge’s report and recommendation must
be both timely and specific to preserve an issue for de novo review by the district court or for
appellate review.” U.S. v. One Parcel of Real Property, 73 F.3d 1057, 1060 (10th Cir. 1996). The
failure to make timely objections to the Magistrate Judge’s Proposed Findings and Recommended
Disposition waives appellate review of both factual and legal questions. Id. at 1059.
IT IS THEREFORE ORDERED that:
1. 	Magistrate Judge Sweazea’s Proposed Findings and Recommended Disposition,
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(Doc. 16), are ADOPTED;
2. 	Respondent’s Motion to Dismiss for Failure to Prosecute and Failure to Comply with
Court Orders, (Doc. 13), is DENIED without prejudice;
3. 	Respondent shall Answer the Petition, (Doc. 1), within thirty (30) days of entry of this
Order. The Answer must address the merits of Petitioner’s 28 U.S.C. § 2254 for Writ
of Habeas Corpus by a Person in State Custody claims and whether Petitioner has
established grounds to toll or overcome the habeas limitation period; and
4. 	Petitioner may file a reply within twenty (20) days after Respondent files an Answer.
DATED this 2nd day of June 2026.
MARTHA VÁZQUEZ
Senior United States District Judge
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