Clerk v. Cassady

Full title: CEDRIC B. CLERK, JR., Petitioner, v. JAY CASSADY, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Mar 29, 2019

Case No. 4:16CV00401 SNLJ (E.D. Mo. Mar. 29, 2019)

Opinion

Case No. 4:16CV00401 SNLJ

03-29-2019

CEDRIC B. CLERK, JR., Petitioner, v. JAY CASSADY, Respondent.

STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE

MEMORANDUM AND ORDER

This matter is before me on the petition for writ of habeas corpus filed by Petitioner Cedric B. Clerk, Jr. I referred this matter to United States Magistrate Judge David D. Noce for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On March 15, 2019, Judge Noce filed his recommendation that Fortner's habeas petition should be dismissed without prejudice.

Objections were filed by petitioner's counsel to Judge Noce's Report and Recommendation. After careful consideration, I will adopt and sustain the thorough reasoning of Judge Noce and deny Clerk's habeas March 15, 2019.

Accordingly,

IT IS HEREBY ORDERED that Judge Noce's Report and Recommendation, #23, filed March 15, 2019 is adopted and sustained in its entirety.

IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus, #1, and Amended Petition, #17 are DISMISSED without prejudice.

Dated this 29^th day of March, 2019.

/s/_________

STEPHEN N. LIMBAUGH, JR.

UNITED STATES DISTRICT JUDGE