Jones v. United States of America

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's petition for writ of habeas corpus is DISMISSED. IT IS FURTHER ORDERED that petitioner's motion to proceed in forma pauperis [Doc.2] is GRANTED.. Signed by District Judge Rodney W. Sippel on 3/3/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAFAEL A. JONES, SR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:14-CV-304-RWS

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s submission of a petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254. The petition will 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.
In the instant petition, petitioner attempts to challenge three State of Missouri
convictions: State v. Jones, 07SL-CR03429-01 (21st Jud. Cir.); State v. Jones, 07SLCR06638 (21st Jud. Cir.); and State v. Jones, 0822-CR07366 (22nd Jud. Cir.).
Petitioner has previously brought challenges to each of these convictions in this
Court. See Jones v. Norman, 4:12-CV-617-AGF (E.D. Mo.); Jones v. Norman, 4:12-

CV-569-CDP (E.D. Mo.); Jones v. Prudden, 4:11-CV-1310-LMB (E.D. Mo.); Jones
v. Moriorty, 4:10-CV-495-LMB (E.D. Mo.).
The petition is duplicative and successive. As a result, petitioner may not
proceed without authorization from the Eighth Circuit Court of Appeals, which he
does not have.

See 28 U.S.C. § 2244(b). The Court will therefore dismiss the

petition without further proceedings.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s petition for writ of habeas
corpus is DISMISSED.
IT IS FURTHER ORDERED that petitioner’s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
Dated this 3rd day of March, 2014.

UNITED STATES DISTRICT JUDGE

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