v. USA et al
ORDER denying 62 pro se motion for release. Signed on 1/6/2021 by Magistrate Judge David P. Rush. (GK)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
Defendant has filed a Motion requesting his release from custody. (Doc 62.) In his motion,
Defendant asks this Court to “Please Release me.” Id. This action has been referred to the
undersigned for processing and handling. Upon review, the motion will be denied without
prejudice as unauthorized by law.
By law, Defendant is not authorized to personally file a motion to determine whether he
should be released. See United States v. O’Laughlin, 934 F.3d 840, 841 (8th Cir. 2019) (Section
4247(h) requires that “motions for release from civil commitment be filed by an attorney or legal
guardian for the committed person”) cert. denied, 140 S.Ct. 2535 (Mar. 23, 2020). Here, the
motion is signed by Defendant only, and not filed by his attorney or legal guardian.
Accordingly, Defendant’s pro se Motion seeking release (doc. 62) is DENIED without
prejudice as unauthorized by law. The Clerk’s Office is directed to send a copy of this Order to
Defendant via regular mail.
/s/ David P. Rush
DAVID P. RUSH
UNITED STATES MAGISTRATE JUDGE
DATE: January 5, 2021
Case 6:18-cv-03076-MDH Document 63 Filed 01/06/21 Page 1 of 1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?