Legal Opinion

Cosgray v. Department of Corrections

District Court, D. New Mexico

Decided April 30, 2025No. 2:25-cv-00227Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DAVID W. COSGRAY, Petitioner, vs. No. CIV 25-0227 JB/SCY DEPARTMENT OF CORRECTIONS, and ATTORNEY GENERAL STATE OF NEW MEXICO. Respondents. MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Petitioner’s Motion to Dismiss Without Prejudice, filed April 4, 2025 (Doc. 5)(“Motion to Dismiss”). David W. Cosgray initiated this case on March 5, 2025, by filing a Petition Under

28 U.S.C. § 2254

(Doc. 1)(“Petition”). Along with the Petition, Cosgray filed a Motion for Leave to Proceed Pursuant to 28 U.S.C. § 1915, filed…

2Cases cited5 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. United States v. AustinCourt of Appeals for the Tenth Circuit · 2005
  3. Janssen v. HarrisCourt of Appeals for the Tenth Circuit · 2003
  4. Manygoat v. JacobsDistrict Court, D. New Mexico · 2018
  5. Hodge v. State of UtahCourt of Appeals for the Tenth Circuit · 2016

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