McKeller v. Bowersox

Filing 4

MEMORANDUM AND ORDER re: 2 , 1 ORDERED that petitioner's motion for leave to proceed in forma pauperis is GRANTED. FURTHER ORDERED that petitioner's petition for writ of habeas corpus is DISMISSED. Signed by District Judge Jean C. Hamilton on 2/27/14. (CEL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RANDY LAMONT MCKELLER,
Petitioner,
v.
MICHAEL BOWERSOX,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:14CV329 JCH

MEMORANDUM AND ORDER
This matter is before the Court on petitioner=s petition 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 convicted of murder and armed criminal action, and the court sentence him
to life without the possibility of parole and thirty years. Petitioner filed a petition for writ of
habeas corpus under 28 U.S.C. § 2254 in April 2011, which the Court denied on the merits on
November 21, 2013. McKeller v. Bowersox, 4:11CV737 JCH (E.D. Mo.). This Court did not
issue a certificate of appealability. Petitioner has filed a notice of appeal, which is pending. And
he has filed a motion for certificate of appealability and motion for reconsideration, which are still
pending as well.
Regardless, 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 motion for leave to proceed in forma
pauperis is GRANTED.
IT IS FURTHER ORDERED that petitioner’s petition for writ of habeas corpus is
DISMISSED.
Dated this 27th day of February, 2014.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

2