Robinson v. Glass

Filing 20

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the Order of Dismissal [Doc. # 13 ] is VACATED and this matter is REOPENED. IT IS FURTHER ORDERED that petitioner's motion for discovery and for forms [Doc. # 16 ] is GRANTED IN PART. The Clerk s hall provide petitioner with copies of the § 2241 habeas corpus form and the § 1983 complaint form. Petitioner may file a separate civil rights action if he chooses to do so. IT IS FURTHER ORDERED that petitioner's motions for dismis sal of all criminal charges [Doc. # 17 and # 18 ] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that petitioner's motion for hearing and for appointment of counsel [Doc. # 19 ] is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that peti tioner's amended petition, drafted on a court provided form, brought pursuant to 28 U.S.C. § 2241 is due to the Court no later than twenty-one (21) days from the date of this Memorandum and Order. Petitioner's failure to comply with this Court's Order will result in a dismissal of this action. (Case reopened.). Signed by District Judge Ronnie L. White on 9/21/2017. (Copies of §2241 habeas corpus form and the § 1983 complaint form were mailed to petitioner.) (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HOSEA LEE ROBINSON,

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Petitioner,
V.

DALE GLASS,
Respondent.

No. 4:17-CV-1628 PLC

MEMORANDUM AND ORDER
Before the Court are petitioner's post-dismissal motions. Petitioner seeks dismissal of his
criminal charges and discovery in his state criminal action, as well as court-forms.
On February 7, 2016, a grand jury indicted petitioner in Missouri State Court on one
count of first-degree statutory rape. Missouri v. Robinson, No. 1622-CR00618-01 (City of St.
Louis). Petitioner filed the instant action on June 1, 2017, asserting that his right to speedy trial
had been violated. He sought an order from this Court dismissing his state criminal charges.
Petitioner instantaneously filed a motion for preliminary injunction, asserting that his right to
receive adequate medical care had been denied.
On July 17, 2017, the Court, by Memorandum and Order, told petitioner that he was
required to amend his § 2241 petition on a court-provided form. Petitioner was also told that his
denial of medical care claims were not cognizable in federal habeas corpus proceedings brought
pursuant to 28 U.S.C. § 2241.

Thus, petitioner was told that his motion for preliminary

injunction was denied and he was provided with a court-form for filing a separate action
pursuant to 42 U.S.C. § 1983. Petitioner was given twenty-one (21) days to file his amended §

2241 petition alleging violations of the speedy trial doctrine. He was also told to pay the $5
filing fee or file a motion to proceed in forma pauperis in this action.
Although petitioner paid the $5 filing fee, he failed to file his amended § 2241 petition in
a timely manner.

As such, this action was dismissed, pursuant to Federal Rule of Civil

Procedure 41 (b ), for failure to comply with a Court Order, on August 28, 2017.
In his post-dismissal motions, petitioner asserts that after he was told to amend his
petition, he spent time in the hospital for heart issues and was prevented from filing an amended
petition in a timely manner. Good cause being shown, the Court will reopen the present matter
and provide petitioner with a new court-form and allow him twenty-one (21) days to amend his
petition. Once again, petitioner is warned that he many only include claims relating to his
speedy trial allegations on his § 2241 petition. If petitioner has allegations relating to denial of
medical care, he must separate those claims on a § 1983 complaint form.
Petitioner' s request for appointment of counsel will be denied at this juncture, as it
appears he is able to represent his own self-interests. Further, he is represented in his state
criminal matter and can raise his speedy trial allegations in that matter as well as in this Court.
Accordingly,
IT IS HEREBY ORDERED that the Order of Dismissal [Doc. #13] is VACATED and
this matter is REOPENED.
IT IS FURTHER ORDERED that petitioner' s motion for discovery and for forms
[Doc. #16] is GRANTED IN PART. The Clerk shall provide petitioner with copies of the §
2241 habeas corpus form and the § 1983 complaint form. Petitioner may file a separate civil
rights action if he chooses to do so.

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IT IS FURTHER ORDERED that petitioner' s motions for dismissal of all criminal
charges [Doc. #17 and #18] are DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that petitioner' s motion for hearing and for appointment
of counsel [Doc. #19] is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that petitioner' s amended petition, drafted on a courtprovided form, brought pursuant to 28 U.S.C. § 2241 is due to the Court no later than
twenty-one (21) days from the date of this Memorandum and Order. Petitioner' s failure to
comply with this Court' s Order will result in a dismissal of this action.
Dated

thi~/ s~ay of September, 2017.

~~Jr;/zh
RONNIELWHiTE
UNITED STATES DISTRICT JUDGE

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