Jones v. Castillo
Filing
4
ORDER adopting 3 Report and Recommendations; petitioner denied leave to proceed in forma pauperis, petition dismissed without prejudice. Copy mailed to petitioner via first class mail.(Schroeppel, Kerry).
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
JIMMIE JONES,
Petitioner,
v.
MARTY C. ANDERSON, Warden,
United States Medical Center for
Federal Prisoners,
Respondent.
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) Civil Action
) No. 11-3351-CV-S-RED-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. ยง 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.
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, 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 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.
/s/ Richard E. Dorr
RICHARD E. DORR, JUDGE
UNITED STATES DISTRICT COURT
DATED:
October 26, 2011
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