David v. Mesmer

Filing 11

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioner's pro se motion for abatement 10 is DENIED as moot.. Signed by District Judge John A. Ross on 2/22/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SHEILA KAY DAVID,
Petitioner,
vs.
ANGELA MESMER,
Respondent.

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Case No. 4:14-CV-1640 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s pro se motion for abatement (Doc. No. 10).
Petitioner asks that her petition for writ of habeas corpus under 28 U.S.C. § 2254 “be put on
abatement until the ruling of my Form 401 and a mandate issued.”
On September 16, 2016, Petitioner filed a Motion to Vacate, Set Aside or Correct the
Judgment or Sentence in Sheila Kay David v. State of Missouri, St. Louis City Circuit Court,
Cause No. 1622-CC10573. That same day, she filed the instant motion for abatement in this
Court. To the extent Petitioner seeks to stay this action in order to litigate unexhausted claims in
state court, a review of the docket entries in Cause No. 1622-CC10573 indicates that her Motion
to Vacate, Set Aside or Correct the Judgment or Sentence was dismissed with prejudice for
failure to state a claim upon which relief can be granted on October 27, 2016. No post-judgment
motions were filed, and the time for direct appeal has passed. See Mo. Sup. Ct. R. 81.04(a),
81.05(a). Thus, there are no matters pending at the state level.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s pro se motion for abatement [10] is
DENIED as moot.

Dated this 22nd day of February, 2017.

______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

1

Petitioner is apparently referring to Missouri Criminal Procedures Form No. 40, a Motion to Vacate, Set
Aside or Correct the Judgment or Sentence.