Jones v. Norman

Filing 7

MEMORANDUM AND ORDER IT IS FURTHER ORDERED that this action is DISMISSED.IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by Honorable Audrey G. Fleissig on 4/4/12. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAFAEL A. JONES, SR.,
Petitioner,
v.
JEFF NORMAN,
Respondent.

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No. 4:12CV511 TCM

MEMORANDUM AND ORDER
This matter is before the Court on Jones’ application for writ of habeas
corpus brought pursuant to 28 U.S.C. § 2254. In his petition, Jones, who is serving
a state imposed prison sentence, seeks to reverse an adverse judgment in a prior
federal civil court action brought pursuant to 42 U.S.C. § 1983 and RICO. Section
2254 provides relief to prisoners in state custody seeking to overturn a state court
criminal conviction allegedly assessed in violation of the Constitution or laws or
treaties of the United States. As Jones is not attempting to challenge a state court
judgment, this case is not cognizable in § 2254 proceedings, and the Court will
summarily dismiss this action. See Rule 4 of the Rules Governing Section 2254
Cases.
Moreover, the Court notes that Jones is a frequent filer of frivolous and
malicious actions, and he may not proceed in forma pauperis in civil actions before

this Court because he has incurred at least three “strikes: under 28 U.S.C. §
1915(g). The instant filing appears to be an attempt to circumvent § 1915(g)
through creative titling of his pleadings. This is impermissible.
Accordingly,
IT IS FURTHER ORDERED that this action is DISMISSED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of
appealability.
Dated this 4th day of April, 2012.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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