Jones v. Norman

Filing 23

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that petitioner's motion to alter or amend the dismissal of his application for writ of habeas corpus [Doc. # 22 ] is DENIED. IT IS FURTHER ORDERED that petitioner's motion for issuance of an arrest warrant [Doc. # 21 ] is DENIED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. 28 U.S.C. § 2253. Signed by District Judge Catherine D. Perry on 01/07/2013. (CBL)

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

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No. 4:12CV2102 TCM

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion to alter or amend the
dismissal of his application for writ of habeas corpus brought pursuant to 28
U.S.C. § 2254. Also before the Court is petitioner’s motion for issuance of an
arrest warrant of his current custodians, Jeff Norman and Stephen Hawk.
The Court dismissed petitioner’s application for writ as duplicative on
December 13, 2012. In its Memorandum and Order and Order of Dismissal, the
Court noted that because petitioner is currently challenging the same convictions
and sentences in two other cases before this Court, Jones v. Norman, 4:11CV1310
LMB (E.D.Mo.) and Jones v. Lawrence, 4:10CV495 LMB (E.D. Mo.), his petition
in the instant case is subject to dismissal. In his motion to alter or amend the
dismissal petitioner asserts that he should be allowed an amendment to his
petition, pursuant to Fed.R.Civ.P. 15. If petitioner wishes to seek an amendment

to his application for writ of habeas corpus he must do so in his prior cases, where
appropriate: either 4:11CV1310 LMB or 4:10CV495 LMB. He cannot seek
amendment through the filing of an entirely new action. As such, his motion to
alter or amend the dismissal of this action must be denied.
The Court will summarily deny petitioner’s motion for issuance of an arrest
warrant of his current custodians, Jeff Norman and Stephen Hawk.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to alter or amend the
dismissal of his application for writ of habeas corpus [Doc. #22] is DENIED.
IT IS FURTHER ORDERED that petitioner’s motion for issuance of an
arrest warrant [Doc. #21] is DENIED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of
appealability. 28 U.S.C. § 2253.
Dated this 7th day of January, 2013.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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