Wade v. Wallace

Filing 3

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioners motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately. Signed by District Judge Jean C. Hamilton on 5/18/16. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARLOS WADE,
Petitioner,
v.
IAN WALLACE,
Respondent.

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No. 4:16-CV-378 JCH

MEMORANDUM AND ORDER
This matter is before the Court on review of the petition of Liddell Wilson for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. The petition is successive and is dismissed.
Petitioner was convicted of first-degree murder and armed criminal action for crimes he
committed as a juvenile.

Missouri v. Wade, No. 951-4362A (St. Louis City).

The court

sentenced him to life imprisonment without the possibility of parole. After his appeals were
denied, he sought habeas relief in this Court. Wade v. Dormire, No. 4:02-CV-863 JCH. The
Court denied the petition and did not issue a certificate of appealability.
In this case, petitioner challenges the same conviction and sentence under Miller v.
Alabama, 132 S.Ct. 2455 (2012), which held that juveniles may not be sentenced to life
imprisonment without the possibility of parole. To the extent that petitioner seeks to relitigate
claims that he brought in his original petition, those claims must be denied pursuant to 28 U.S.C.
§ 2244(b)(1). To the extent that petitioner seeks to bring new claims for habeas relief, petitioner
must obtain leave from the United States Court of Appeals for the Eighth Circuit before he can
bring those claims in this Court. 28 U.S.C. § 2244(b)(3)(A). Petitioner did not seek leave from
the Court of Appeals before filing this action. As a result, this action is dismissed.

Finally, petitioner has failed to demonstrate that jurists of reason would find it debatable
whether the petition is successive. Thus, the Court will not issue a certificate of appealability.
28 U.S.C. § 2253(c).
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed separately.
Dated this

18th

day of May, 2016.

\s\ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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