Hall v. State of Missouri

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to send Petitioner a § 2254 form. IT IS FURTHER ORDERED that Petitioner must fill out the § 2254 form and return it to the Court within twenty-one (21) days of the dat e of this Order. IT IS FURTHER ORDERED that if Petitioner fails to comply with this Order, the Court will dismiss this action without further proceedings. IT IS FURTHER ORDERED that the Clerk is directed to name Chris Koster as Respondent. (cc: Petitioner Order and 2254 form) Signed by District Judge Audrey G. Fleissig on 10/18/2016. (KCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ARIZONA HALL, JR., Petitioner, v. CHRIS KOSTER, Respondent, ) ) ) ) ) ) ) ) ) No. 4:16-CV-1528 AGF MEMORANDUM AND ORDER This matter is before the Court on Petitioner’s amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner seeks to vacate two separate state court judgments, Missouri v. Hall, No. 1022-CR01820-01 (City of St. Louis), and Missouri v. Hall, No. 0922-CR04795-01 (City of St. Louis). Petitioner may not challenge two judgments in one petition. See 28 U.S.C. § 2254 Rule 2(e).1 As a result, Petitioner must file an amended petition addressing only one of the two cases. If he wishes to challenge both of them, he must file a separate petition for the second judgment. Additionally, the amended petition is defective because it was not filed on the Court’s form. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to send Petitioner a § 2254 form. 1 The Rules Governing § 2254 Cases apply to petitions under 28 U.S.C. § 2241. 28 U.S.C. § 2254 Rule 1(b). IT IS FURTHER ORDERED that Petitioner must fill out the § 2254 form and return it to the Court within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that if Petitioner fails to comply with this Order, the Court will dismiss this action without further proceedings. IT IS FURTHER ORDERED that the Clerk is directed to name Chris Koster as Respondent. Dated this 18th day of October, 2016. AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE 2

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