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)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION WILLIAM BILLY GENE CARTER, Petitioner, v. MARTHA MARTIN, Respondent. ) ) ) ) ) ) ) ) ) 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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?