Carter v. Martin

Filing 13

MEMORANDUM AND ORDER : ORDERED that petitioner's petition for writ of habeascorpus is DISMISSED.. Signed by District Judge Henry E. Autrey on 1/15/13. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIAM BILLY GENE CARTER,
Petitioner,
v.
MARTHA MARTIN,
Respondent.

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No. 4:12CV2159 HEA

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 shall be summarily
dismissed.
Rule 4 of the Rules Governing § 2254 Cases in the United States District
Courts provides that a district court shall summarily dismiss a § 2254 petition if it
plainly appears that the petitioner is not entitled to relief.
Petitioner was found to be a sexually violent predator by a probate court on
August 8, 2003. Petitioner previously challenged the judgment in this Court. See
Carter v. Blake, 4:10CV1914 NAB (E.D. Mo.). Petitioner seeks to challenge the
same judgment in the instant petition.
To the extent that petitioner seeks to relitigate claims that he brought in his
earlier 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 will be dismissed.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s petition for writ of habeas
corpus is DISMISSED.
Dated this 15th day of January, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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