Hawkins v. Purkett

Filing 13

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Application for Certificate of Appealability Under the Martinez v. Arizona, Supreme Court 2012,WL 912950 (U.S.) Mo. S. Ct. Rule 29.15 [ECF No. 10 ] is DISMISSED. IT IS FURTHER ORDERED that a certificate of appealability shall not issue. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Appeal In Forma Pauperis [ECF No. 11 ] is DENIED as MOOT. Signed by District Judge E. Richard Webber on 08/31/2012. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BRODERICK HAWKINS,
Petitioner,
vs.
JEFF NORMAN,
Respondent.

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Case No. 4:04CV01416 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Petitioner Broderick Hawkins “Application for
Certificate of Appealability Under the Martinez v. Arizona, Supreme Court 2012, WL 912950 (U.S.)
Mo. S. Ct. Rule 29.15” [ECF No. 10]. In 2004, the Court dismissed Petitioner’s Petition for Habeas
Corpus as a successive motion and time-barred. ECF No. 3. The Court denied a certificate of
appealability. ECF No. 4. On February 14, 2005, the Court of Appeals for the Eighth Circuit also
denied Petitioner’s application for a certificate of appealability. Petitioner’s current filing seeks
review of the Court’s finding that his first petition was time-barred. It is successive to these previous
filings. Under 28 U.S.C. § 2244(b)(1), “[a] claim presented in a second or successive habeas corpus
application under section 2254 that was presented in a prior application shall be dismissed.”
Therefore, this matter will be summarily dismissed.
Accordingly,
IT IS HEREBY ORDERED that Application for Certificate of Appealability Under the
Martinez v. Arizona, Supreme Court 2012, WL 912950 (U.S.) Mo. S. Ct. Rule 29.15” [ECF No. 10]
is DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability shall not issue.

IT IS FURTHER ORDERED that Petitioner’s Motion for Leave to Appeal In Forma
Pauperis [ECF No. 11] is DENIED as MOOT.
Dated this 31st day of August, 2012.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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