Foster v. Cassady
Filing
64
ORDER -....IT IS HEREBY ORDERED that the Order and Report and Recommendation of United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 62] IT IS FURTHER ORDERED that Rodney Foster's First Amended Pet ition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 is DENIED. [Doc. 53] IT IS FURTHER ORDERED that Rodney Foster's pro se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 is DENIED as moot. [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. Signed by District Judge Charles A. Shaw on 3/7/2018. (MRC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RODNEY FOSTER,
Petitioner,
v.
JAY CASSADY,
Respondent.
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No. 4:15-CV-225 CAS
ORDER
This matter is before the Court on state prisoner Rodney L. Foster’s action pursuant to 28
U.S.C. § 2254. This case was referred to United States Magistrate Judge Shirley Padmore Mensah
for report and recommendation on all dispositive matters and for final disposition on all nondispositive matters, pursuant to 28 U.S.C. § 636(b).
On February 5, 2018, Judge Mensah filed an Order and Report and Recommendation of
United States Magistrate Judge which ordered that petitioner’s request for an evidentiary hearing
be denied, and recommended that Foster’s First Amended Petition for Writ of Habeas Corpus, filed
through counsel, be denied.
Petitioner filed timely objections to the Order and Report and Recommendation. The Court
has carefully reviewed petitioner’s objections and the entire record of this matter. Petitioner’s
objections essentially restate the claims and arguments set forth in his First Amended Petition. The
objections do not establish any error by the Magistrate Judge or set forth any basis for federal habeas
corpus relief, and are therefore overruled. Following its de novo review of this matter, the Court
concurs in the recommendation of the Magistrate Judge as contained in the well-reasoned and
thorough Order and Report and Recommendation.
Accordingly,
IT IS HEREBY ORDERED that the Order and Report and Recommendation of United
States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 62]
IT IS FURTHER ORDERED that Rodney Foster’s First Amended Petition for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 is DENIED. [Doc. 53]
IT IS FURTHER ORDERED that Rodney Foster’s pro se Petition for Writ of Habeas
Corpus Under 28 U.S.C. § 2254 is DENIED as moot. [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 7th day of March, 2018.
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