Rothman v. Johnson

Filing 4

OPINION, MEMORANDUM AND ORDER: ORDERED that the instant 28 U.S.C. 2254 action is DISMISSED, without prejudice, as duplicative. FURTHER ORDERED that no certificate of appealability shall issue. A separate Order of Dismissal shall accompany this Memorandum and Order.. Signed by District Judge Henry E. Autrey on 10/25/12. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHARLES EDWARD ROTHMAN,
Petitioner,
v.
JEAN ANN JOHNSON,
Respondent.

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No. 4:12CV1745 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court upon review of petitioner’s petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. #1].
Petitioner is challenging an October 1, 2008 conviction entered in Scott
County, Missouri. After reviewing the petition, the Court has determined that the
instant action is duplicative of a § 2254 action that petitioner filed on September
14, 2012, and which is currently pending in this Court. See Rothman v. Johnson,
4:12-CV-1674-DDN (E.D.Mo.). As a result, the instant action will be dismissed,
without prejudice.
Accordingly,
IT IS HEREBY ORDERED that the instant 28 U.S.C. § 2254 action is
DISMISSED, without prejudice, as duplicative.

IT IS FURTHER ORDERED that no certificate of appealability shall
issue. See 28 U.S.C. § 2253.
A separate Order of Dismissal shall accompany this Memorandum and
Order.
Dated this 25th day of October, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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