Maximoff v. United States of America
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the petition is DENIED, and this action is DISMISSED. An Order of Dismissal will be filed separately. Signed by District Judge Henry Edward Autrey on 1/7/16. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JERRY PAUL MAXIMOFF,
UNITED STATES OF AMERICA,
No. 4:15CV1637 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Jerry Maximoff’s
petition to have his felony
convictions expunged. The Court does not have jurisdiction over the matter. As a result, this
action is dismissed. See Fed. R. Civ. P. 12(h)(3).
Petitioner was convicted of conspiracy with intent to distribute methamphetamine.
United States v. Maximoff, No. 2:05CR922 GMS-2 (D. Ariz.); United States v. Maximoff, No.
2:15CR1071 EHC-1 (D. Ariz.). One condition of his supervised release is that he may “not
possess or attempt to acquire any firearm . . .” Petitioner states that this condition is preventing
him from providing for his family. He says he needs a firearm to hunt, so that he can “supply
meat at [his] family’s table.”
This Court has limited jurisdiction to expunge criminal records. A district court has no
jurisdiction “to expunge criminal records based solely on equitable considerations  without an
express grant of authority from Congress.” United States v. Meyer, 439 F.3d 855, 862 (8th Cir.
2006). In the absence of “an allegation that the criminal proceedings were invalid or illegal, a
District Court does not have the jurisdiction to expunge a criminal record.” United States v.
Dunegan, 251 F.3d 477, 480 (3d Cir. 2001).
Petitioner has not relied on any constitutional provision or federal statute in his request.
Nor has he alleged that his conviction was obtained illegally or is invalid for any other reason.
His request lies solely on equitable grounds. Therefore, the Court lacks jurisdiction over the
The Court previously ordered petitioner to show cause why this action should not be
dismissed. He failed to file a timely response.
IT IS HEREBY ORDERED that the petition is DENIED, and this action is
An Order of Dismissal will be filed separately.
Dated this 7th day of January, 2016
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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