Smith-El et al

Filing 5

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed forthwith. Signed by District Judge Henry Edward Autrey on 3/13/17. (CLA)

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

)
)
)
)
)
)
)
)
)

Petitioner,
v.
STATE OF MISSOURI,
Respondent.

No. 4:17CV778 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on the petition of Jonathan Smith-El to expunge his state
court conviction for unlawful possession of a firearm, unlawful use of drug paraphernalia, and
possession of marijuana, Missouri v. Smith, No. 1222-CR00955-01 (City of St. Louis). The
petition is denied 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.”).
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.
The Court ordered petitioner to show cause why this action should not be dismissed for
lack of jurisdiction. Petitioner has responded. However, he has not shown that this Court has
jurisdiction to grant the requested relief. As a result, this action must be dismissed.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.
An Order of Dismissal will be filed forthwith.
Dated this 13th day of March, 2017

___________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

2