Lesley v. Sachse

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's application for writ of habeas corpus is DISMISSED. An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge E. Richard Webber on March 12, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD WAYNE LESLEY,
Petitioner,
v.
JENNIFER SACHSE,
Respondent.

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No. 4:13CV00263 ERW

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s application 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 sentenced by the state court in 2007. Petitioner attacks his
sentences in both State v. Wesley, 07DU-CR00995-01 (35th Judicial Circuit), and State
v. Wesley, 07DU-CR01293-01 (35th Judicial Circuit). These sentences are running
concurrently with one another, and the post-conviction court combined these cases on
post-conviction review. See Lesley v. Missouri, 08DU-CC00016 (35th Judicial Circuit).
Petitioner filed a federal habeas petition on December 11, 2008, challenging these two

judgments, which was adjudicated on the merits. See Lesley v. Steele, 4:08CV1928
ERW (E.D. Mo.). Petitioner now seeks to attack the same state court judgments on new
grounds.1
To the extent that petitioner seeks to relitigate claims that he brought in his original
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 shall be
dismissed.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s application for writ of habeas
corpus is DISMISSED.
An Order of Dismissal will accompany this Memorandum and Order.
So Ordered this 12th day of March, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

1

This is petitioner’s second successive § 2254 motion. Petitioner filed his first
successive motion in Lesley v. Luebbers, 4:10CV2085 ERW (E.D. Mo.). It was
dismissed on Rule 4 review pursuant to 28 U.S.C. § 2244.
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