Allen v. United States of America

Filing 361

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Movant Billie J. Allen has twenty days from the filing of this Order to describe his proposed additional grounds for relief and demonstrate such grounds have not been procedurally defaulted. Signed by District Judge E. Richard Webber on 12/11/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BILLIE J. ALLEN,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:07CV00027 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Movant Billie J. Allen’s Letter to the Court [ECF No.
358].
On November 25, 2013, Movant filed a Letter to the Court requesting permission to file a
pro se motion raising additional grounds for his pending Amended Motion Under 28 U.S.C. § 2255
to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Under a Sentence of Death
[ECF No. 60]. The Court ordered any response to the Letter to be filed by December 9, 2013. On
November 27, 2013, the Government responded, asking the Court to deny Movant’s request on
grounds that (1) it is Eighth Circuit policy to deny consideration of pro se motions when already
represented by counsel, and (2) subject to certain exceptions, motions under 28 U.S.C. § 2255
become procedurally defaulted unless filed within one year after exhausting direct appeals.
While the Court recognizes denying Movant’s request would be within Eighth Circuit
custom, the Government has not cited – and the Court is unaware – of any law prohibiting
consideration of such a motion purely because it is filed pro se. Given the gravity of the instant case,
the Court declines to rule on the basis of a discretionary technicality. Accordingly, Movant has
twenty days from the filing of this Order to describe his proposed additional grounds for relief, and

demonstrate such grounds fall within one or more exceptions to the general one-year procedural
default rule. To be clear, at this time, the Court will not entertain pro se evidence. Movant may
submit only those filings necessary to apprise the Court of (1) the substance of his additional grounds
for relief, and (2) whether such grounds have been procedurally defaulted.
Accordingly,
IT IS HEREBY ORDERED that Movant Billie J. Allen has twenty days from the filing of
this Order to describe his proposed additional grounds for relief and demonstrate such grounds have
not been procedurally defaulted.
Dated this 11th day of December, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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