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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RAFAEL A. JONES, SR., Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) 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 -2-

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