Jones v. Lombardi
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis [Doc.# 2 ] is GRANTED. IT IS FURTHER ORDERED that petitioner's application for writ of habeas corpus is DENIED and DISMISSED as DUPLICATIVE and SUCCESSIVE. IT IS FURTHER ORDERED that no certificate of appealability shall issue. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 2/26/15. (ARL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
RAFAEL A. JONES, SR.,
No. 4:15CV351 NAB
MEMORANDUM AND ORDER
This matter is before the Court on petitioner=s submission of an application 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, 07SL-CR06638
(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, 4:12CV617
AGF (E.D. Mo.); Jones v. Norman, 4:12CV569 CDP (E.D. Mo.); Jones v. Prudden, 4:11CV1310
LMB (E.D. Mo.); Jones v. Moriorty, 4:10CV495 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.
IT IS HEREBY ORDERED that petitioner=s motion to proceed in forma pauperis [Doc.
# is GRANTED.
IT IS FURTHER ORDERED that petitioner=s application for writ of habeas corpus is
DENIED and DISMISSED as DUPLICATIVE and SUCCESSIVE.
IT IS FURTHER ORDERED that no certificate of appealability shall issue.
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 26th day of February, 2015.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
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