Robinson v. Sanders

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Motion for Order filed by Emmanuel Robinson, 9 Report and Recommendations. Petitioner's pro se motion for relief is DENIED AS MOOT and his petition for writ of habeas corpus is hereby DISMISSED AS MOOT. Signed on 10/15/2015 by District Judge M. Douglas Harpool. Copy of order mailed to Petitioner. (Hance, Breanna)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
EMMANUEL ROBINSON,
Petitioner,
v.
LINDA SANDERS,
Respondent.

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Case No. 6:14-cv-03513-MDH

ORDER
Before the Court is Emmanuel Robinson’s Petition for Writ of Habeas Corpus (Doc. 1)
and Pro Se Motion for Relief (Doc. 8). Petitioner alleges his confinement under 18 U.S.C. §
4243 is unlawful because he “has no mental disease or defect which could create the substantial
risk mentioned in the 18 U.S.C. § 4243 statute” and because he was denied due process in
regards to his civil commitment proceedings. Petitioner prays for relief in the form of additional
commitment proceedings and unconditional discharge.
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, Petitioner’s motion was referred to the
United States Magistrate Judge for preliminary review under 28 U.S.C. § 636(b). The Magistrate
Judge reviewed the filings in this and the underlying case and issued a Report and
Recommendation to the undersigned (Doc. 9). The Magistrate Judge recommends Petitioner’s
petition be dismissed as moot and motion be denied as moot because Petitioner was ordered
unconditionally released from custody on or around July 28, 2015 and, therefore, this case no
longer presents a case or controversy under Article III of the Constitution. Neither party filed

objections to the Report and Recommendation of the Magistrate Judge and the time to do so has
now passed.
Upon review and consideration, the Court concurs with the recommendation of the
United States Magistrate Judge. The Report and Recommendation of the Magistrate Judge (Doc.
27) is hereby ADOPTED and Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is hereby
DISMISSED AS MOOT and Petitioner’s Pro Se Motion for Relief (Doc. 8) is hereby DENIED
AS MOOT.

IT IS SO ORDERED:
Date: October 15, 2015
/s/ Douglas Harpool_____________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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