VALDEZ v. WINANS

No. 82-2503.

738 F.2d 1087 (1984)

Richard VALDEZ, Petitioner-Appellant, v. Harvey D. WINANS, Warden, New Mexico State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 26, 1984.


Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, N.M. (Paul G. Bardacke, Atty. Gen., and Eddie Michael Gallegos, Asst. Atty. Gen., Santa Fe, N.M., with him on brief), for respondent-appellee.

Before McWILLIAMS and SEYMOUR, Circuit Judges, and WEINSHIENK, District Judge.


McWILLIAMS, Circuit Judge.

This is a federal habeas corpus proceeding involving a state prisoner. 28 U.S.C. § 2254 (1976). Following an extended evidentiary hearing, a federal magistrate made certain findings and then recommended dismissal of the petition with prejudice. Objections were made to the findings and recommendation of the magistrate. The federal district judge, after making a de novo determination of that part of the magistrate's findings that...

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