Seals v. Bowersox

Filing 4

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Petitioner Glenn Sherman Seals motion is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. IT IS FURTHER ORDERED that no certificate of appealability be issued. An Order of Dismissal will be filed separately.. Signed by District Judge Rodney W. Sippel on 6/2/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GLENN SHERMAN SEALS,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
MICHAEL S. BOWERSOX,
Respondent,

No. 4:14CV998 RWS

MEMORANDUM AND ORDER
Petitioner seeks a writ of habeas corpus under 28 U.S.C. § 2254. He alleges that the
Missouri Board of Probation and Parole violated Missouri law when it denied him conditional
release. He seeks immediate release from the South Central Correctional Center.
Under 28 U.S.C. ' 2254(a), a district court may only entertain a petition for writ of
habeas corpus if the petitioner Ais in custody in violation of the Constitution or laws or treaties of
the United States.@ In other words, grounds that do not state a constitutional issue are not
cognizable in a federal habeas petition. E.g. Gee v. Groose, 110 F.3d 1346, 1351-52 (8th Cir.
1997). Petitioner does not allege any constitutional issues or violations of federal law. As a
result, the petition must be dismissed.
Finally, petitioner has failed to demonstrate that jurists of reason would find it debatable
whether the petition states a cognizable ground for relief. As a result, I will not issue a certificate
of appealability. 28 U.S.C. ' 2253(c).
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.

IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
IT IS FURTHER ORDERED that no certificate of appealability be issued.
An Order of Dismissal will be filed separately.
Dated this 2nd day of June, 2014.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

2