Richard Valdez v. Harvey D. Winans, Warden, New Mexico State Penitentiary

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 had been challenged, adopted those findings and dismissed the petition with prejudice. Valdez appeals. We affirm.

I

Some background facts are…