Guidry v. Anderson

Filing 15

ORDER denying 2 motion for leave to proceed in forma pauperis; granting 10 motion to withdraw as attorney; adopting 11 Report and Recommendations; denying 14 motion to appoint counsel. The petition for writ of habeas corpus is dismissed without prejudice. Signed by District Judge Greg Kays on 10/23/09. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION DAVID LOUIS GUIDRY, Petitioner, v. MARTY C. ANDERSON, Warden, United States Medical Center for Federal Prisoners, Respondent. ) ) ) ) ) Civil Action ) No. 08-3471-CV-S-DGK-H ) ) ) ) )

ORDER AND JUDGMENT Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition herein for a writ of habeas corpus was referred to the United States Magistrate Judge for preliminary review under the provisions of 28 U.S.C. § 636(b). The United States Magistrate Judge has completed his preliminary review of the petition and has submitted to the undersigned a report and recommendation that the petition be dismissed without prejudice. Petitioner has filed pro se exceptions to the report and recommendation of the magistrate judge, and has asked that new counsel be appointed. Whatever the merits of petitioner's allegations, it is clear that a challenge of the fact or duration of his confinement under 18 U.S.C. § 4243 is properly directed to his committing court, which , in this case, is the United Stats District Court for the Eastern District of California. To the extent there is a challenge to conditions of confinement, he must exhaust administrative remedies. Petitioner's exceptions must therefore be overruled.

In view of the status of this case, the Motion to Withdraw filed by the Federal Public Defender will be granted, and a request for new counsel in this district will be denied. It is ORDERED that the Motion to Withdraw filed by the Federal Public Defender be, and is hereby, granted. It is further ORDERED that the request for new counsel be, and it is hereby, denied. It is further ORDERED that petitioner be, and he is hereby, denied leave to proceed in forma pauperis. It is further ORDERED, ADJUDGED and DECREED that the petition filed herein be dismissed without prejudice.

/s/ Greg Kays GREG KAYS UNITED STATES DISTRICT JUDGE Date: October 23, 2009