Lacking v. State of Mississippi
Filing
3
Memorandum Opinion and Order re 2 Memorandum in Support, 1 Petition for Writ of Habeas Corpus. The petition for habeas corpus relief will be dismissed for failure to pay the sanctions imposed by the Fifth Circuit and failure to receive leave of Court to pursue this civil action. Signed by Honorable David C. Bramlette, III on August 28, 2014. (lda)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ARMSTER LACKING
VERSUS
PETITIONER
CIVIL ACTION NO. 5:14-cv-75-DCB-MTP
STATE OF MISSISSIPPI
RESPONDENT
MEMORANDUM OPINION AND ORDER
This matter is before the Court, sua sponte, for consideration of dismissal. Petitioner
filed this pro se petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 on August 27,
2014. Upon liberal review of the Petitioner’s pleadings and applicable case law, the Court finds
as follows.
Petitioner was convicted of kidnaping in the Circuit Court of Pike County, Mississippi,
on August 31, 1998. Pet. [1] at 1; see also In Re: Armster Lacking, No. 12-60895 (5th Cir. Feb.
14, 2013). Petitioner presents as ground for habeas relief the following:
GROUND ONE: Trial court violated my due process right to a trial [because of
the] grand jury indictment. According to U.S. [Const.] [amend]. V, ... the
submission of an improper instruction of kidnaping by inveiglement [even
though] ... I was indicted for kidnaping by force, caus[ed] me to be confined
illegally. See Pet. [1] at 5.
In reviewing the petition [1] and memorandum brief [2] filed by the Petitioner, the Court
finds that the Petitioner has not established that he has paid the $500.00 sanction imposed by the
Fifth Circuit on February 14, 2013. See In Re: Armster Lacking, No. 12-60895 (5th Cir. Feb.
14, 2013). Moreover, Petitioner does not establish that he has received leave of Court to file the
instant civil habeas petition. Id. To the extent that this petition can be construed as a request for
leave to proceed, the Court will deny such a request because the ground for habeas relief was
previously raised and resulted in the February 14, 2013, sanctions imposed by the Fifth Circuit
Court of Appeals. Id. The petition for habeas relief therefore will be dismissed.
For the reasons stated herein, Petitioner’s pro se petition for habeas corpus relief will be
dismissed for failure to pay the sanctions imposed by the Fifth Circuit and failure to receive
leave of Court to pursue this civil action. A Final Judgment in accordance with this
Memorandum Opinion and Order will be entered.
This the 28th
day of August , 2014.
s/David Bramlette
UNITED STATES DISTRICT JUDGE
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