Carter v. Martin
OPINION, MEMORANDUM AND ORDER: HEREBYORDERED that petitioner shall, within thirty days of the date of this Order, submit a petition for writ of habeas corpus that complies with this Order. FURTHER ORDERED that the Clerk of Court shall mail to plainti ff a copy of the Courts petition for writ of habeas corpus under § 2254 form. FURTHER ORDERED that if petitioner fails to complywith this Order, the Court will dismiss this action. Response to Court due by 1/5/2013. (forms mailed to petitioner) Signed by District Judge Henry E. Autrey on 12/05/12. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
WILLIAM BILLY GENE CARTER,
No. 4:12CV2159 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s first amended petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. The Court has reviewed the amended
petition under Rule 4 of the Rules Governing Section 2254 Cases and finds that it both
does not comply with the Rules and that it is dismissible.
Rule 2(e) states, “A petitioner who seeks relief from judgments of more than one
state court must file a separate petition covering the judgment or judgments of each
court.” The petition does not comply with Rule 2(e) because it attempts to challenge
two separate judgments. If petitioner wishes to challenge two judgments, he must file
two separate petitions.
Before bringing an application for habeas corpus in federal court, a state civil
committee must first exhaust his state remedies. 28 U.S.C. § 2254(b). According to
the petition, petitioner has not recently filed any proper motion for postconviction
relief or petition for writ of habeas corpus in the state courts. The Court will allow
petitioner to file a second amended petition. In it, petitioner must specifically show
that he has exhausted his available state remedies as they pertain to this action.
Petitioner has thirty days to file a second amended petition for writ of habeas
corpus. The petition may only address a single criminal conviction or judgment of a
probate court with regard to a civil commitment order. The petition shall demonstrate
the steps by which petitioner has exhausted his available state remedies, and it shall
state clearly his federal grounds for relief.
IT IS HEREBY ORDERED that petitioner shall, within thirty days of the date
of this Order, submit a petition for writ of habeas corpus that complies with this Order.
IT IS FURTHER ORDERED that the Clerk of Court shall mail to plaintiff a
copy of the Court’s petition for writ of habeas corpus under § 2254 form.
IT IS FURTHER ORDERED that if petitioner fails to comply with this Order,
the Court will dismiss this action.
Dated this 5th day of December, 2012.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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?