Seddens v. Wallace

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [ECF No. 3 ] is DENIED as moot. IT IS FURTHER ORDERED that this action is TRANSFERRED to the Court of Appeals for the Eighth Circuit. Signed by District Judge Audrey G. Fleissig on May 26, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRYAN SEDDENS,
Petitioner,
v.
IAN WALLACE,
Respondent,

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No. 4:16-CV-449 AGF

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s petition for writ of habeas corpus
under 28 U.S.C. § 2254. Petitioner argues that he is entitled to relief pursuant to Miller v.
Alabama, 132 S.Ct. 2455 (2012), in which the Court held that mandatory life
imprisonment without parole for those under the age of eighteen at the time of their
crimes violates the Eighth Amendment’s prohibition on cruel and unusual punishments.
The petition is successive. See Seddens v. Bowersox, No. 4:97-CV-682 DJS. As a
result, the Court lacks jurisdiction over it, and the Court will transfer this action to the
Court of Appeals for the Eighth Circuit. See 28 U.S.C. § 1631.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis
[ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel
[ECF No. 3] is DENIED as moot.

IT IS FURTHER ORDERED that this action is TRANSFERRED to the Court
of Appeals for the Eighth Circuit.
Dated this 26th day of May, 2016.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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