Hall v. State of Missouri

Filing 10

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. IT IS FURTHER ORDERED that all pending motions are DENIED as moot. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff the forms for filing petitions for writ of habeas corpus under § 2254 and 2241. An Order of Dismissal will be filed herewith. Signed by District Judge E. Richard Webber on 03/08/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ARIZONA HALL,
Petitioner,
v.
STATE OF MISSOURI,
Respondent.

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No. 4:13CV00178 DDN

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s refusal to consent to the
characterization of his letter to the Court as a petition for writ of habeas corpus under
28 U.S.C. § 2254. Petitioner is a state prisoner, and he states that the Court must grant
him a writ of habeas corpus even though he will not petition for such a writ. The Court
cannot grant a writ of habeas corpus sua sponte. Article III of the United States
Constitution requires that the Court decide only “Cases” and “Controversies,” which
means that parties must bring their petitions before the Court. As a result, the Court
will dismiss the instant action without further proceedings. If petitioner wants to bring
an action before this Court challenging his confinement, he must file a petition for writ
of habeas corpus.

Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
IT IS FURTHER ORDERED that all pending motions are DENIED as moot.
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff the forms
for filing petitions for writ of habeas corpus under § 2254 and 2241.
An Order of Dismissal will be filed herewith.
So Ordered this 8th day of March, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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