Robinson v. Glass

Filing 8

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk is directed to send petitioner both a motion for leave to proceed in forma pauperis form and a § 2241 habeas form. IT IS FURTHER ORDERED that, no later than twenty-one (21) days from t his Order, petitioner must either pay the $5 filing fee or file a motion for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that petitioner must fill out the § 2241 form and return it to the Court within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that the Clerk is directed to send petitioner a § 1983 form, so that he can file a separate civil rights action if he wishes to do so. IT IS FURTHER ORDERED that if petitioner does not comply wit h this Order, the Court will dismiss the action without further proceedings. Signed by District Judge Ronnie L. White on 07/17/2017. (Attachments: # 1 Motion for leave to proceed in forma pauperis form, # 2 2241 Habeas form, # 3 1983 form)(KCB)

UNITED ST ATES 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

This matter is before the Court on the petition of Hosea Robinson for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241 and on his motions for a preliminary injunction. The Court
will require petitioner to file an amended petition on the Court's form.

See E.D. Mo. L.R.

2.06(A). Additionally, the motions for injunction are denied. Finally, petitioner has not paid the
filing fee or moved for in forma pauperis status. He must do one or the other or the Court will
dismiss this action for failure to prosecute.
On February 7, 2016, a grand jury indicted petitioner on one count of first-degree
statutory rape. Missouri v. Robinson, No. 1622-CR00618-01 (City of St. Louis). On March 17,
2017, petitioner filed a motion to dismiss the criminal charges based on his contention that his
right to a speedy trial has been violated. The court set the matter for hearing July 5, 2017.
However, as of the date of this Order, the docket sheet does not indicate that the hearing was
held or that the motion has been ruled. On April 26, 2017, petitioner filed a petition for writ of
habeas corpus, in which he alleged that he was being denied adequate medical care from the St.
Louis City Justice Center. The petition appears to be pending on the court's docket.

In the instant petition, petitioner argues that his right to a speedy trial has been violated,
and he seeks an order from the Court dismissing the criminal charges.

In his motions for

preliminary injunction, petitioner says that his right to receive adequate medical care has been
denied, and he seeks dismissal of the state criminal charges.
Petitioner's claims regarding the denial of medical care are not cognizable in federal
habeas proceedings. To be entitled to habeas relief under 28 U.S.C. § 2241(c)(3), a state pretrial
detainee must show that "[h ]e is in custody in violation of the Constitution or laws or treaties of
the United States." Claims for denial of medical care under the Fourteenth Amendment must be
brought in a civil action under 42 U.S.C. § 1983 because they do not relate to the lawfulness of
the detainee's custody.

Rather, they go to whether the conditions of confinement meet the

requirements of the Constitution.

As a result, the motions for injunctive relief are denied.

Additionally, the Court will send petitioner a § 1983 complaint form so that he may properly
bring his medical claims before the Court if he wishes to do so. He need not file a separate civil
action if he does not wish to pursue those claims. The Court notes that § 1983 claims are
analogous to personal injury claims and are subject to Missouri ' s five-year statute of limitations.

Sulikv. Taney County, Mo., 393 F.3d 765 , 766-67 (8th Cir. 2005); Mo. Rev. Stat.§ 516.120(4).
According! y,

IT IS HEREBY ORDERED that the Clerk is directed to send petitioner both a motion
for leave to proceed in forma pauperis form and a § 2241 habeas form.
IT IS FURTHER ORDERED that, no later than twenty-one (21) days from this Order,
petitioner must either pay the $5 filing fee or file a motion for leave to proceed in forma
pauperis.

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IT IS FURTHER ORDERED that petitioner must fill out the § 2241 form and return it
to the Court within twenty-one (21) days of the date of this Order.
IT IS FURTHER ORDERED that the Clerk is directed to send petitioner a § 1983
form, so that he can file a separate civil rights action if he wishes to do so.

IT IS FURTHER ORDERED that if petitioner does not comply with this Order, the
Court will dismiss
Dated this

/71j/;

without further proceedings.

day of July, 2017.

RONNIE L. WHITE
UNITED STA TES DISTRICT JUDGE

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