Jones v. United States of America

Filing 4

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [ECF No. 2 ] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED. An Order of Dismissal will be filed separately. Signed by District Judge Rodney W. Sippel on 7/1/15. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAFAEL A. JONES, SR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:15CV989 JMB

MEMORANDUM AND ORDER
Rafael Jones, filer of numerous successive and frivolous habeas petitions
and civil actions, moves for leave to proceed in forma pauperis in this successive
and frivolous habeas action under 28 U.S.C. § 2254. The motion is denied.
Jones seeks to challenge his convictions in Missouri v. Jones, No. 07SLCR03429 and Missouri v. Jones, 07SL-CR06638. He has filed several habeas
petitions challenging these convictions. E.g., Jones v. Lombardi, No. 4:15CV351
NAB (E.D. Mo.).
Under 28 U.S.C. § 2244(b)(3)(A), a habeas petitioner must obtain leave
from the court of appeals before filing a successive petition in the district court.
Jones does not have leave from the Court of Appeals for the Eighth Circuit.
Additionally, petitioner has not met the threshold requirements for the
issuance of a certificate of appealability.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed
in forma pauperis [ECF No. 2] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED.
An Order of Dismissal will be filed separately.
Dated this 1st day of July, 2015.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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