Evans v. Sanders

Filing 17

ORDER finding as moot 10 motion to withdraw as attorney; finding as moot 11 motion; finding as moot 14 motion to appoint counsel; adopting Report and Recommendations 16 . Petitioner is denied leave to proceed in forma pauperis. Petition for writ of habeas corpus is dismissed with prejudice. Signed on 3/6/14 by District Judge Fernando J. Gaitan, Jr. (Siegert, Karen) Modified on 3/6/2014 Copy mailed to petitioner Evans (Siegert, Karen).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
STEVEN EVANS,
Petitioner,
v.
WARDEN LINDA SANDERS,
Respondent.

)
)
)
)
)
)
)
)
)
)

Case No. 13-3158-CV-S-FJG

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 (Doc. No. 16). Petitioner did not file objections to the Magistrate’s report and
recommendation, and the deadline for him to do so has expired.
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 with prejudice. All remaining pending motions are
DENIED AS MOOT.
IT IS SO ORDERED.

Date: March 6, 2014
Kansas City, Missouri

/S/FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
United States District Judge

2