Vargas v. Martinez et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ROBERTO VARGAS,
Petitioner,
v. No. 24-cv-77-SMD-GJF
RONALD MARTINEZ and
ATTORNEY GENERAL OF
THE STATE OF NEW MEXICO,
Respondents.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
United States Magistrate Judge Gregory Fouratt filed a Proposed Findings and
Recommended Disposition (“PFRD”) on September 23, 2025, in which he recommended that that
the Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus By A Person in State Custody
(Doc. 1) be denied and this case dismissed with prejudiced. Doc. 12. The PFRD notified the
parties of their ability to file objections within fourteen days and that failure to do so waived
appellate review. Id. at 22.1 Neither party filed objections and the deadline for doing so has
expired. Accordingly, the Court concludes that appellate review has been waived.
IT IS THEREFORE ORDERED that the PFRD (Doc. 12) is ADOPTED. In addition,
because Petitioner failed to make a substantial showing that he has been denied a constitutional
1Because Petitioner receives service by mail, he was permitted to file objections to the PFRD by October 10, 2025.
See Fed. R. Civ. P. 6(d). He has, however, not filed anything as of the date on which this Order is entered.
Case 2:24-cv-00077-SMD-GJF Document 13 Filed 03/05/26 Page 1 of 2

2
right, the Court will DENY a Certificate of Appealability. See 28 U.S.C. § 2253. A final order
entered concurrently herewith DISMISSES this case WITH PREJUDICE.
_______________________________________
SARAH M. DAVENPORT
UNITED STATES DISTRICT JUDGE
Case 2:24-cv-00077-SMD-GJF Document 13 Filed 03/05/26 Page 2 of 2