Clemmons v. Davies
MEMORANDUM AND ORDER denying 75 Motion to Alter or Amend Memorandum and Order; denying 76 Motion for Preliminary Discovery and Evidentiary Hearing. Signed by District Judge Sam A. Crow on 8/1/2017. (ht)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
EDWARD LEE CLEMMONS,
CASE NO. 90-3035-SAC
STEVEN J. DAVIES,
MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2254. Relief was denied in February 1992, and the U.S. Court of
Appeals for the Tenth Circuit dismissed petitioner’s appeal in August
1992 for lack of prosecution.
The matter is before the court on petitioner’s motion to alter
or amend (Doc. #75) and motion for preliminary discovery and
evidentiary hearing (Doc. #76).
The Court has examined these motions and finds they may be
summarily dismissed. Petitioner has filed similar motions on multiple
occasions in this matter, the present motions do not offer any new
authority or persuasive argument, and petitioner has been advised of
the need to seek authorization for a successive application in the
Tenth Circuit before presenting claims that challenge the validity
of his conviction. See 28 U.S.C. § 2244(b)(3)(A).
Petitioner is advised that the Court has the authority to enjoin
a party who abuses the judicial system by vexatious practices. See
Tripati v. Beaman, 878 F.2d 351 (10th Cir. 1989). Petitioner’s
repeated filing of motions on grounds that have been considered and
rejected is an appropriate ground for filing limitations, and the
Court advises petitioner that filing any future motion in this action
that presents a new ground for relief without the proper authorization
will result in the summary dismissal of that motion for lack of
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion to
alter or amend (Doc. #75) and his motion for preliminary discovery
and evidentiary hearing (Doc. #76) are denied.
IT IS SO ORDERED.
This 1st day of August, 2017, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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