Edwards v. Griffith

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk of Court shall provide petitioner with a form for filing a "Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a person in State Custody," as well as a form "Motion t o Proceed In Forma Pauperis and Affidavit in Support - Habeas Cases." IT IS FURTHER ORDERED that petitioner shall complete, sign, and return the petition within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that petitione r shall have thirty (30) days from the date of this Order to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed in Forma Pauperis and Affidavit in Support - Habeas Cases." IT IS FURTHER ORDERED if p etitioner wishes to pursue a stay and abey in this action, he shall file a separate motion, with supporting documentation and explanation, within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court may dismiss this action without further proceedings (copy of order and forms mailed on 8/18/16). Signed by District Judge Rodney W. Sippel on 8/18/16. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GERALD EDWARDS,
Petitioner,
v.
CINDY GRIFFITH,
Respondent.

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No. 4:16CV1273 RWS

MEMORANDUM AND ORDER
Before the Court is petitioner’s application for writ of habeas corpus brought pursuant to
28 U.S.C. § 2254, as well as his request to stay and abey this action.
Petitioner has failed to articulate each and every ground under which he would like to
assert his habeas claims. Therefore, he will be asked to amend his petition for writ of habeas
corpus on a court-provided form. Additionally, as petitioner has neither paid the filing fee nor
filed a motion to proceed in forma pauperis, he will also be asked to proceed by either paying the
requisite $5.00 fee or filling out the required forms to proceed in forma pauperis.
The Court notes that petitioner has indicated in his petition that he would like the Court to
stay and abey this action pursuant to Rhines v. Weber, 544 U.S. 269, 277 (2005), which is only
available in mixed petitions.
However, petitioner has mentioned in his application for writ that he has fully exhausted
his claims for relief and has brought his claims to this Court in a timely manner. As grounds for
the stay and abey, he asserts that he has filed a state habeas corpus pursuant to Rule 91 relative to
similar criminal charges in another jurisdiction. Thus, it appears petitioner wishes to base his
request for stay on his post-conviction proceedings in a separate state criminal matter.

The Court has not found any record of petitioner’s Rule 91 state habeas proceeding on
Missouri.Case.Net, and even if the Court were to acquire these records, the Court is unsure of
how such records could impact the present habeas action.
As such, the Court will require petitioner to file a proper motion for stay in this action
and fully brief, with supportive documentation, the necessary factors for a stay under Rhines,
showing why petitioner believes such a stay should be granted.
Petitioner should remember that because a stay under Rhines effectively excuses a
petitioner=s failure to present his claims first to the state courts, stay and abeyance is only
appropriate when the district court determines there was good cause for the petitioner=s failure to
exhaust his claims first in state court. Rhines, 544 U.S. at 277. As it appears in this instance that
petitioner has already exhausted his claims, it is likely that the Court would find that there is no
need for a stay.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall provide petitioner with a form
for filing a "Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a person in State
Custody," as well as a form "Motion to Proceed In Forma Pauperis and Affidavit in Support Habeas Cases."
IT IS FURTHER ORDERED that petitioner shall complete, sign, and return the
petition within thirty (30) days from the date of this Order.
IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of
this Order to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed
in Forma Pauperis and Affidavit in Support - Habeas Cases."

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IT IS FURTHER ORDERED if petitioner wishes to pursue a stay and abey in this
action, he shall file a separate motion, with supporting documentation and explanation, within
thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the
Court may dismiss this action without further proceedings.
Dated this 18th day of August, 2016.

RODNEY W.SIPPEL
UNITED STATES DISTRICT JUDGE

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