Wilson v. Castillo

Filing 11

ORDER adopting Report and Recommendation; denying 2 motion for leave to proceed in forma pauperis.; granting 7 motion to withdraw, atty Lewis terminated; granting 9 motion to dismiss case. Copy sent to petitioner via first class mail. (Schroeppel, Kerry).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION JERRY E. WILSON, Petitioner, vs. JUAN D. CASTILLO, Warden, United States Medical Center for Federal Prisoners, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. 11-3394-CV-S-RED-H ORDER Petitioner, an inmate confined at the United States Medical Center for Federal Prisoners, has filed a Motion to Dismiss his previously filed Petition for Writ of Habeas Corpus. The United States Magistrate Judge, who whom this case was referred, has entered a Report and Recommendation, recommending petitioner’s Motion to Dismiss be granted; that he be denied leave to proceed informa pauperis, and that the Writ of Habeas Corpus be dismissed without prejudice. 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. Petitioner has had a full and fair opportunity to challenge the Report and Recommendation of the United States Magistrate Judge. 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 hereby ORDERED that petitioner’s Motion to Dismiss be, and it is hereby, granted; 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. /s/ Richard E. Dorr RICHARD E. DORR United States District Judge Date: April 23, 2012 2

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