Taylor v. Stubblefield, et al.

Filing 11

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioners application for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED. An Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Donald J. Stohr on 6/25/09. (KJF, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BRIAN F. TAYLOR, Petitioner, v. EUGENE STUBBLEFIELD and CHRIS KOSTER, Respondents. ) ) ) ) ) ) ) ) ) )

No. 4:09CV621 DJS

MEMORANDUM AND ORDER This matter is before the Court on petitioner's response to show cause. Petitioner, a pretrial detainee at the St. Louis City Justice Center, filed a petition seeking a dismissal of his state criminal case1 on the grounds that his right to speedy trial had been violated. After review of the petition and criminal docket sheet, the Court ordered petitioner to show cause why his petition should not be dismissed due to petitioner's waiver of his right to speedy trial. Petitioner filed several responses to the Court's Order, but he did not refute that he had indeed waived his right to a speedy trial. Rather, petitioner admitted that he had waived his right to a speedy trial in order

State v. Brian Fitzgerald Taylor, No. 0822-CR-00681-01, 22nd Judicial Circuit (City of St. Louis).

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to locate witnesses in his case. In light of petitioner's admissions, the Court will deny petitioner's request for a writ of habeas corpus. Accordingly, IT IS HEREBY ORDERED that petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED. An Order of Dismissal shall accompany this Memorandum and Order. Dated this 25th Day of June, 2009.

/s/Donald J. Stohr DONALD J. STOHR UNITED STATES DISTRICT JUDGE

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