Moore v. Anderson

Filing 7

ORDER adopting 4 Report and Recommendations; granting 5 motion to withdraw as attorney. Petitioner is denied leave to proceed in forma pauperis. The petition is dismissed without prejudice. Signed on 9/27/11 by District Judge Greg Kays. (Francis, Alexandra) Modified on 9/27/2011 - order mailed to petitioner(Francis, Alexandra).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
VETTER MOORE,
Petitioner,
v.
JUAN CASTILLO, Warden,
United States Medical Center for
Federal Prisoners,
Respondent.

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) No. 11-3219-CV-S-DGK-H
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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 and has
submitted to the undersigned a report and recommendation that the petition be dismissed without
prejudice.
Counsel for the petitioner has filed a Motion to Withdraw. Thereafter, petitioner was
afforded an opportunity to file exceptions to the Report and Recommendation of the United States
Magistrate Judge. Time has now passed for the filing of those exceptions. Because there are no
issues presented for which relief is appropriate, the Motion to Withdraw will be granted.
Petitioner has had a full and fair opportunity to challenge the Magistrate's recommended
findings of fact, conclusions of law, and proposed action. Petitioner has failed to state or show any

facts or legal principles that would create a genuine issue of material fact or warrant correction of
the legal principles applied by the Magistrate. No further proceedings will therefore be required in
this case.
Therefore, after a de novo review of the Report and Recommendation and the files and
records in this case, the Court concludes 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 counsel for the petitioner’s Motion to Withdraw is hereby, granted;
and it is further
ORDERED that petitioner be denied leave to proceed in forma pauperis;
and it is further
ADJUDGED that the petition herein for a writ of habeas corpus be dismissed without
prejudice.

/s/ Greg Kays
GREG KAYS
United States District Judge
Date: September 27, 2011