Hall v. State of Missouri

Filing 8

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that petitioner shall have thirty (30) days from the date of this Order to formally consent, in writing, to the Court's characterization of the instant filing as § 2254 motion. IT IS FURTHER OR DERED that the Clerk shall mail to plaintiff a copy of the Court's form petitioner for writ of habeas corpus under 28 U.S.C. § 2254. IT IS FURTHER ORDERED that if petitioner consents to the characterization, then hemust file an amended &# 167; 2254 petition on the Court- provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if petitioner does not consent to the characterization of the instant filing as a § 2254motion, or if petitioner fails to timely respond to this Order, then the Court will dismiss the action without prejudice and without characterizing the filing as a § 2254 motion. IT IS FURTHER ORDERED that if petitioner submits an amended petition, he must also pay the $5 statutory filing fee within thirty (30) days of the date of this Order. ( Response to Court due by 3/9/2013.) Initial Partial Filing Fee due by 3/9/2013.. Signed by Magistrate Judge David D. Noce on 2/7/13. (KKS)

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 upon its own motion. Petitioner submitted a
letter to the Court in which he appears to request a writ of habeas corpus. In the
interests of justice, the Clerk provisionally docketed the letter as a petition for writ
of habeas corpus under 28 U.S.C. § 2254.
Before the Court will sua sponte characterize the instant filing as a § 2254
motion, petitioner will be given the opportunity to either consent to the classification
or withdraw the filing. See, e.g., Morales v. United States, 304 F.3d 764, 767 (8th
Cir. 2002).
Petitioner is warned that if he consents to the classification of the instant filing
as a motion under § 2254, any future § 2254 motions will be subject to the restrictions
on filing second or successive motions. That is, petitioner will not be permitted to
bring a second or successive § 2254 motion unless the United States Court of Appeals

for the Eighth Circuit certifies that the second or successive motion meets the
requirements set forth in 28 U.S.C. § 2244(b)(3)(A).

Furthermore, petitioner is

warned that § 2254 motions are subject to a one-year limitations period. See 28
U.S.C. § 2244(d).
If petitioner consents to the characterization of the instant filing as a § 2254
motion, he must inform the Court of his decision, in writing, within thirty days of the
date of this Order. Furthermore, if petitioner consents to the characterization, then
he must file an amended § 2254 motion on the Court-provided form within thirty days
of the date of this Order.
If movant opposes the characterization, or if petitioner fails to respond to this
Order, then the Court will dismiss the action without prejudice and without
characterizing the filing as a § 2254 motion.
Accordingly,
IT IS HEREBY ORDERED that petitioner shall have thirty (30) days from
the date of this Order to formally consent, in writing, to the Court’s characterization
of the instant filing as § 2254 motion.
IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of
the Court’s form petitioner for writ of habeas corpus under 28 U.S.C. § 2254.

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IT IS FURTHER ORDERED that if petitioner consents to the
characterization, then he must file an amended § 2254 petition on the Court-provided
form within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if petitioner does not consent to the
characterization of the instant filing as a § 2254 motion, or if petitioner fails to timely
respond to this Order, then the Court will dismiss the action without prejudice and
without characterizing the filing as a § 2254 motion.
IT IS FURTHER ORDERED that if petitioner submits an amended petition,
he must also pay the $5 statutory filing fee within thirty (30) days of the date of this
Order.

/S/ David D. Noce
UNITED STATES MAGISTRATE JUDGE

Signed on February 7, 2013.

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