Shelton v. Nester

Filing 6

MEMORANDUM AND ORDER re: 2 as to Petitioner Stanton Q. Shelton ; IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is granted.. Signed by District Judge Carol E. Jackson on 4/30/15. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STANTON Q. SHELTON,

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Petitioner,
v.
GERARD A. NESTER,
Respondent,

No. 4:15-CV-556-CEJ

MEMORANDUM AND ORDER
This matter is before the court on petitioner’s motion for leave to proceed in forma
pauperis [Doc. #2] and amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
[Doc. #5]. Upon review of petitioner’s financial information, the motion to proceed in forma
pauperis will be granted.
Liberally construing the petition, it appears that petitioner has been adjudicated
incompetent in state court proceedings, and he is challenging the appointment of a guardian over
his person.

Petitioner currently has pending before the court a previous challenge to the

guardianship, Shelton v. Nester, 4:13-CV-1050-SNLJ-NAB (E.D. Mo.). The subject matter of
the instant petition is duplicative of the previous case. As a result, the court will dismiss the
instant petition without prejudice.

Additionally, the court will not issue a certificate of

appealability.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis [Doc. #2] is granted.

An Order of Dismissal will be filed separately.
Dated this 30th day of April, 2015.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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