Smith-El et al

Filing 3

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that petitioner must show cause, within fourteen (14) days from the date of this Order, why this action should not be dismissed for lack of jurisdiction. 2 ( Show Cause Response due by 3/11/2017.) Signed by District Judge Henry Edward Autrey on 2/24/17. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JONATHAN D. SMITH-EL,

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Petitioner,
v.
STATE OF MISSOURI,
Respondent.

No. 4:17CV778 HEA

OPINION, MEMORANDUM AND ORDER
Petitioner seeks leave to proceed in forma pauperis in this action to expunge his criminal
record. The motion is granted. Additionally, petitioner must show cause why this action should
not be dismissed for lack of jurisdiction.
Standard of Review
Pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure, courts are required to
review cases to determine whether subject matter jurisdiction exists and to dismiss cases in
which it is lacking. “The requirement that jurisdiction be established as a threshold matter
springs from the nature and limits of the judicial power of the United States and is inflexible and
without exception.” Kessler v. Nat’l Enterprises, Inc., 347 F.3d 1076, 1081 (8th Cir. 2003)
(quotation marks omitted); see Kuhl v. Hampton, 451 F.2d 340, 342 (8th Cir. 1971) (federal
courts “were not established to mediate any and all types of complaints and alleged wrongs.”).
The Complaint
Petitioner seeks expunction of his conviction in Missouri v. Smith, No. 1222-CR00955-01
(City of St. Louis). On November 20, 2012, petitioner pled guilty to unlawful possession of a

firearm, unlawful use of drug paraphernalia, and possession of heroin. Id. The court sentenced
him to five years’ imprisonment. Id. He did not appeal.
Petitioner subsequently sought habeas relief in this Court. Smith v. Minor, No. 4:13-CV1987 DDN. The Court summarily denied the petition because the grounds for relief were
frivolous. Id.
Discussion
The federal courts have limited jurisdiction to expunge criminal records. See United
States v. Meyer, 439 F.3d 855, 859 (8th Cir. 2006). In order for jurisdiction to exist in an
expungement case, there must be express statutory authority from Congress. Id. In this case,
petitioner has not cited any statutory authority for the relief he seeks. As a result, he must
promptly show cause why this action should not be dismissed.
Accordingly,
IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.
IT IS FURTHER ORDERED that petitioner must show cause, within fourteen (14)
days from the date of this Order, why this action should not be dismissed for lack of jurisdiction.
Dated this 24th day of February, 2017

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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