Huntley v. Wallace

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioners motion to proceed in forma pauperis is GRANTED. [Doc. 2] IT IS FURTHER ORDERED that petitioners petition for writ of habeas corpus is DISMISSED. An Order of Dismissal will be filed with this Memorandum and Order. Signed by District Judge Charles A. Shaw on 12/5/12. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARVIN HUNTLEY,
Petitioner,
v.
IAN WALLACE,
Respondent.

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No. 4:12-CV-1718 CAS

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254. The petition is successive and will be summarily dismissed. See 28 U.S.C.
§ 2254 Rule 4.
Petitioner was sentenced by the state court in 1994. Petitioner sought federal habeas relief
after exhausting his state remedies. See Huntley v. Bowersox, 4:99-CV-23 CAS (E.D. Mo.). After
this Court dismissed the petition, the United States Court of Appeals for the Eighth Circuit refused
to issue a certificate of appealability to petitioner. Huntley v. Bowersox, No. 02-2313 (8th Cir.
2002).
To the extent that petitioner seeks to relitigate claims that he brought in his original petition,
those claims must be denied pursuant to 28 U.S.C. § 2244(b)(1). To the extent that petitioner seeks
to bring new claims for habeas relief, petitioner must obtain leave from the United States Court of
Appeals for the Eighth Circuit before he can bring those claims in this Court. 28 U.S.C.
§ 2244(b)(3)(A). Petitioner has not been granted leave to file a successive habeas petition in this
Court. As a result, the petition shall be dismissed without further proceedings.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to proceed in forma pauperis is
GRANTED. [Doc. 2]
IT IS FURTHER ORDERED that petitioner’s petition for writ of habeas corpus is
DISMISSED.
An Order of Dismissal will be filed with this Memorandum and Order.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 5th

day of December, 2012.

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