Jones v. Anderson

Filing 9

ORDER adopting 5 Report and Recommendations; denying 2 motion for leave to proceed in forma pauperis; granting 6 motion to withdraw, atty Ann M. Koszuth terminated; petition for writ of habeas corpus dismissed without prejudice. (Schroeppel, Kerry)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION TIERRIE JONES, Petitioner, v. ) ) ) ) Civil Action ) No. 09-3333-CV-S-RED-H ) ) ) ) ) )

MARTY C. ANDERSON, Warden, Respondent.

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 for preliminary review under the provisions of 28 U.S.C. § 636(b). The United States Magistrate has completed his preliminary review of the petition herein for a writ of habeas corpus and has submitted to the undersigned a report and recommendation that the petition for a writ of habeas corpus be dismissed without prejudice. Petitioner has filed exceptions to the report and recommendation of the Magistrate in which he appears to challenge his conviction. Having fully reviewed the record de novo, the Court agrees with the Magistrate that the petition should be dismissed on the grounds that it is not properly before this Court. As the Magistrate correctly noted, to the extent that petitioner may have a cognizable claim, he has failed to establish that the 28 U.S.C. § 2255 remedy is inadequate or ineffective to address his complaints.

Based on the file and records in this case, it is concluded that the findings of fact, conclusions of law, and proposed actions of the Magistrate are correct and should be approved. It is therefore ORDERED that petitioner's exceptions filed herein be, and they are hereby, overruled. It is further ORDERED that petitioner be, and he is hereby, denied leave to proceed in forma pauperis. It is further ADJUDGED that the petition herein for a writ of habeas corpus be, and it is hereby, dismissed without prejudice.1 /s/ Richard E. Dorr RICHARD E. DORR United States District Judge Date: November 13, 2009

Counsel for the petitioner has filed a Motion to Withdraw. Because there are no issues presented for which relief is appropriate, the motion is granted.
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