Tyler v. State of Missouri

Filing 4

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. Signed by District Judge Rodney W. Sippel on 10/25/16. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MELVIN LEROY TYLER,

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Petitioner,
v.
STATE OF MISSOURI,
Respondent,

No. 4:16-CV-1630 NAB

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s “Notice of Criminal Case Removal.”
Petitioner seeks to remove a closed case from the Missouri Court of Appeals, Eastern Division,
to this Court. The Court lacks jurisdiction over the matter. See 28 U.S.C. § 1443; Postma v.
First Fed. Sav. & Loan, 74 F.3d 160, 162 (8th Cir. 1996). Therefore, this action is dismissed.
See Fed. R. Civ. P. 12(h)(3).
Accordingly,
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.
Dated this 25th day of October, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE