Oliver v. Sanders

Filing 13

ORDER - It is hereby ORDERED that the Court ADOPTS the Magistrates Report and Recommendation (Doc. 12 ); Petitioner Olivers Motion to Proceed In Forma Pauperis (Doc. 2 ) and Petition for Writ of Habeas Corpus (Doc. 1 ) are DENIED WITHOUT PREJUDICE; and the Motion to Withdraw (Doc. 9 ) is GRANTED. Signed on 03/12/2013 by District Judge Dean Whipple. (Willis, Kathy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
STACY OLIVER,
Petitioner,
v.
LINDA SANDERS, Warden, United States
Medical Center for Federal Prisoners,
Respondent.

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No. 12-3444-CV-S-DW

ORDER
Pending before the Court is Magistrate Judge David P. Rush’s Report and Recommendation
(Doc. 12), which recommends that the Court deny the Petitioner Stacy Oliver (the "Petitioner") leave
to proceed in forma pauperis, and to dismiss without prejudice the Petitioner’s Petition for Writ of
Habeas Corpus. The deadline to file objections to the Report and Recommendation was February
25, 2013, but no objections have been filed.
After an independent review of the record, the applicable law and the parties’ arguments, it
is hereby ORDERED that
(1) the Court ADOPTS the Magistrate’s Report and Recommendation (Doc. 12); and
(2) the Magistrate’s Report and Recommendation shall be attached to and made a part of this
Order; and
(3) Petitioner Oliver’s Motion to Proceed In Forma Pauperis (Doc. 2) and Petition for Writ
of Habeas Corpus (Doc. 1) are DENIED WITHOUT PREJUDICE; and
(4) the Motion to Withdraw (Doc. 9) is GRANTED, and Michelle Nahon Moulder is
withdrawn as counsel for Petitioner.

The Clerk of Court is directed to mail a copy of this Order to the Petitioner via certified mail,
return receipt requested, at his last known address.
IT IS SO ORDERED.

Date:

March 12, 2013

/s/ Dean Whipple
Dean Whipple
United States District Judge