Hall v. State of Missouri

Filing 30

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioners motion for judgment on the pleadings [ECF No. 29 ] is DENIED. Signed by District Judge Audrey G. Fleissig on 07/14/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ARIZONA HALL, JR.,

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Petitioner,
v.
CHRIS KOSTER,
Respondent,

No. 4:16-CV-1528 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion for judgment on the pleadings.
The motion is denied.
The Rules Governing Section 2254 Cases do not permit the district courts to enter
judgment on the pleadings. Rule 4 requires dismissal of a petition sua sponte when it is plainly
apparent that the petitioner is not entitled to relief. However,
[i]f the petition is not dismissed, the judge must order the respondent to file an
answer, motion, or other response within a fixed time . . . In every case, the clerk
must serve a copy of the petition and any order on the respondent and on the
attorney general or other appropriate officer of the state involved.
Id. As a result, the motion must be denied.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for judgment on the pleadings
[ECF No. 29] is DENIED.
Dated this 14th day of July, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE