Clerk v. Cassady

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 23 Report and Recommendations..IT IS FURTHER ORDERED that Petitioners Petition for Writ of Habeas Corpus, #1, and Amended Petition, #17 are DISMISSED without prejudice.. Signed by District Judge Stephen N. Limbaugh, Jr on 3/29/19. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CEDRIC B. CLERK, JR.,
Petitioner,
vs.
JAY CASSADY,
Respondent.

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Case No. 4:16CV00401 SNLJ

MEMORANDUM AND ORDER
This matter is before me on the petition for writ of habeas corpus filed by
Petitioner Cedric B. Clerk, Jr. I referred this matter to United States Magistrate Judge
David D. Noce for a report and recommendation on all dispositive matters pursuant to 28
U.S.C. § 636(b). On March 15, 2019, Judge Noce filed his recommendation that
Fortner’s habeas petition should be dismissed without prejudice.
Objections were filed by petitioner’s counsel to Judge Noce’s Report and
Recommendation. After careful consideration, I will adopt and sustain the thorough
reasoning of Judge Noce and deny Clerk’s habeas March 15, 2019.
Accordingly,
IT IS HEREBY ORDERED that Judge Noce’s Report and Recommendation,
#23, filed March 15, 2019 is adopted and sustained in its entirety.
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas
Corpus, #1, and Amended Petition, #17 are DISMISSED without prejudice.

Dated this 29th day of March, 2019.
_________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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