Young v. Lawrence

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion to alter or amend judgment [Doc. # 8 ] is DENIED. IT IS FURTHER ORDERED that petitioner's motion for "Application for a Three- Judge Court Convene" [Doc. #9] is DENIED. IT IS FURTHER ORDERED that no certificate of appealability shall issue. Signed by District Judge Rodney W. Sippel on 3/10/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEITH STANLEY YOUNG,

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Petitioner,
v.
SCOTT LAWRENCE,
Respondent,

No. 4:15CV362 RWS

MEMORANDUM AND ORDER
Before the Court is petitioner’s motion to alter or amend judgment. The Court has
reviewed petitioner’s assertions and found that his arguments cannot circumvent the fact that his
application for writ of habeas corpus was successive and lacked certification from the Eighth
Circuit Court of Appeals. As noted in the Court’s prior order and order of dismissal, under 28
U.S.C. § 2244(a) and § 2255(h) district courts may not entertain a second or successive
application for writ of habeas corpus unless it has first been certified by the Court of Appeals.
Because petitioner’s application for writ had not been certified by the Eighth Circuit, this Court
could not grant his requested relief. As such, there are no grounds to alter judgment.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to alter or amend judgment [Doc.
#8] is DENIED.
IT IS FURTHER ORDERED that petitioner’s motion for “Application for a ThreeJudge Court Convene” [Doc. #9] is DENIED.

IT IS FURTHER ORDERED that no certificate of appealability shall issue.
Dated this 10th day of March, 2015.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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