United States of America v. Vanderpool

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Matt J. Whitworth, 31 . The United States' Motion for Order of Civil Contempt and Issue of Writ of Body Attachment, 18 , is granted. Order mailed via regular mail to Mr. Vanderpool. (Cross, Ashley) Modified on 12/17/2014 - mailed certified Cert# 7012 3460 0001 9028 2098 (Russel, Jeri).

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
DELL VANDERPOOL,
Defendant.

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Case No. 2:13-MC-09003-NKL

ORDER
After a show cause hearing on November 24, 2014, United States Magistrate
Judge Matt J. Whitworth recommended that the Court, after making its own independent
review of the record, enter an order finding Dell Vanderpool in civil contempt of this
Court. Judge Whitworth also recommended that the Court issue a writ of body
attachment, order that Vanderpool stand committed in the custody of the United States
Marshals until he purges the contempt, and assess all costs arising out of the prosecution
of this civil contempt order to Vanderpool. [Doc. 31].
A copy of Judge Whitworth’s Report and Recommendation and the docket was
sent to Vanderpool via certified and regular mail. [Doc. 31]. The docket advised the
parties that they could submit objections to the Report and Recommendation by
December 11, 2014. No objections have been filed.
A review of the record convinces the Court that the recommendation of Judge
Whitworth is correct and should be adopted.

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IT IS, THEREFORE, ORDERED that the Report and Recommendation of
November 24, 2014, is adopted. [Doc. 31].
IT IS FURTHER ORDERED that Dell Vanderpool has been and hereby is in
civil contempt of this Court.
IT IS FURTHER ORDERED that a writ of body attachment be issued out of and
under the seal of this Court, directed to the United States Marshal for the Western District
of Missouri, commanding the marshal to take the body of Dell Vanderpool, if he be
found in this judicial district, and bring Dell Vanderpool before this Court to answer for
his contempt.
IT IS FURTHER ORDERED that Dell Vanderpool stand committed in the
custody of the United States Marshal for the Western District of Missouri until such time
as he purges the contempt by complying with the subject administrative summons, or
until he shall be discharged sooner by order of this Court.
IT IS FURTHER ORDERED that all costs arising out of the prosecution of this
civil contempt order be assessed to and paid by Dell Vanderpool.
IT IS FURTHER ORDERED that the Court reserves jurisdiction to take such
other and further action and grant such other and further relief as may be determined to
be just, reasonable and necessary to assure compliance with the Court’s judgments and
this contempt adjudication.

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s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: December 17, 2014
Jefferson City, Missouri

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