Wallace v. Prudden

Filing 11

ORDER IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 9] IT IS FURTHER ORDERED that Larry J. Wallace's Petition for Writ of Habeas Corpus pursuant to Title 28 U.S.C. § 2254 is DENIED. [Doc. 1] IT IS FURTHER ORDERED that this matter is DISMISSED, with no further action to take place herein. An appropriate judgment will accompany this order. 9 Signed by District Judge Charles A. Shaw on 9/24/13. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LARRY J. WALLACE,
Petitioner,
v.
JAMES HURLEY,
Respondent.

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No. 4:10-CV-635 CAS

ORDER
This matter is before the Court on state prisoner Larry J. Wallace’s action pursuant to 28
U.S.C. § 2254. This case was referred to United States Magistrate Judge Lewis M. Blanton for
report and recommendation on all dispositive matters and for final disposition on all non-dispositive
matters, pursuant to 28 U.S.C. § 636(b).
On August 13, 2013, Judge Blanton filed a Report and Recommendation of United States
Magistrate Judge which recommended that Wallace’s petition for writ of habeas corpus be denied.
No objections were filed to the Magistrate Judge’s Report and Recommendation within the time
permitted.1
After careful review of the record, the Court concurs in the recommendation of the
Magistrate Judge.

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The Court notes that the Report and Recommendation was mailed to Mr. Wallace at his
place of incarceration, Northeast Correctional Center in Bowling Green, Missouri, on August 13,
2013, but was returned as undeliverable on August 26, 2013, based on petitioner’s release from
custody during the pendency of this action. On September 3, 2013, the Court directed the Clerk of
the Court to mail a copy of the Report and Recommendation to Mr. Wallace at the residence address
provided by his state probation officer. That mailing has not been returned to the Court.

Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 9]
IT IS FURTHER ORDERED that Larry J. Wallace’s Petition for Writ of Habeas Corpus
pursuant to Title 28 U.S.C. § 2254 is DENIED. [Doc. 1]
IT IS FURTHER ORDERED that this matter is DISMISSED, with no further action to
take place herein.
An appropriate judgment will accompany this order.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 24th day of September, 2013.

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