Archuleta v. Sanders

Filing 21

ORDER - The Report and Recommendation (Doc. 19 ) shall be attached to and made a part of this Order. The petition for a writ of habeas corpus (Doc. 1 ) is DISMISSED for lack of jurisdiction. The pending motions for relief (Docs. 4 , 5 , 7 , and 9 ) and motions to transfer (Docs. 11 , 17 , and 18 ) are DENIED. A copy of this ORDER was sent, via U.S. Mail, on this date, to Petitioner, at 2422-C Broadway Ave NE, Albuquerque NM 87102. Signed by District Judge Dean Whipple. (Willis, Kathy)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
BENJAMIN ARCHULETA,
Petitioner,
v.
WARDEN LINDA SANDERS,
Respondent.

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No. 13-03339-CV-S-DW

ORDER
Pursuant to 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 (Doc. 1) was referred
to United States Magistrate Judge David P. Rush for review under the provisions of 28
U.S.C. ' 636(b). Magistrate Judge Rush has completed his review of the petition and
subsequent pro se motions and has submitted to the undersigned a Report and
Recommendation (Doc. 19) that the petition be dismissed for lack of jurisdiction.
Petitioner was ordered to serve and file any objections to the report and
recommendation on or before September 23, 2014. To date, no objections have been
filed. Therefore, after a de novo review of the proposed findings of fact and conclusions
of law in this action, the Court concludes that the disposition recommended by Magistrate
Judge Rush should be accepted. Accordingly, IT IS ORDERED that:
1. The Report and Recommendation (Doc. 19) shall be attached to and made a
part of this Order;

2. The petition for a writ of habeas corpus (Doc. 1) is DISMISSED for lack of
jurisdiction; and
3. The pending motions for relief (Docs. 4, 5, 7, and 9) and motions to transfer
(Docs. 11, 17, and 18) are DENIED.
SO ORDERED.

Date: September 26, 2014

__________/s/ Dean Whipple ___________
Dean Whipple
United States District Judge