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)

AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241
Instructions
1.

Who Should Use This Form. You should use this form if
•
you are a federal prisoner and you wish to challenge the way your sentence is being carried out (for
example, you claim that the Bureau of Prisons miscalculated your sentence or failed to properly award
good time credits);
•
you are in federal or state custody because of something other than a judgment of conviction (for
example, you are in pretrial detention or are awaiting extradition); or
•
you are alleging that you are illegally detained in immigration custody.

2.

Who Should Not Use This Form. You should not use this form if
•
you are challenging the validity of a federal judgment of conviction and sentence (these challenges are
generally raised in a motion under 28 U.S.C. § 2255);
•
you are challenging the validity of a state judgment of conviction and sentence (these challenges are
generally raised in a petition under 28 U.S.C. § 2254); or
•
you are challenging a final order of removal in an immigration case (these challenges are generally
raised in a petition for review directly with a United States Court of Appeals).

3.

Preparing the Petition. The petition must be typed or neatly written, and you must sign and date it under
penalty of perjury. A false statement may lead to prosecution.
All questions must be answered clearly and concisely in the space on the form. If needed, you may attach
additional pages or file a memorandum in support of the petition. If you attach additional pages, number the
pages and identify which section of the petition is being continued. Note that some courts have page limitations.
All filings must be submitted on paper sized 8½ by 11 inches. Do not use the back of any page.

4.

Supporting Documents. In addition to your petition, you must send to the court a copy of the decisions you are
challenging and a copy of any briefs or administrative remedy forms filed in your case.

5.

Required Filing Fee. You must include the $5 filing fee required by 28 U.S.C. § 1914(a). If you are unable to
pay the filing fee, you must ask the court for permission to proceed in forma pauperis – that is, as a person who
cannot pay the filing fee – by submitting the documents that the court requires.

6.

copies to the clerk of the United States
Submitting Documents to the Court. Mail your petition and
District Court for the district and division in which you are confined. For a list of districts and divisions, see 28
U.S.C. §§ 81-131. All copies must be identical to the original. Copies may be legibly handwritten.
If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the
court to file-stamp it and return it to you.

7.

Change of Address. You must immediately notify the court in writing of any change of address. If you do not,
the court may dismiss your case.

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

UNITED STATES DISTRICT COURT
for the
__________ District of __________
Eastern District of Missouri

Petitioner

v.

Respondent
(name of warden or authorized person having custody of petitioner)

)
)
)
)
)
)
)
)
)
)

Case No.
(Supplied by Clerk of Court)

PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241
Personal Information
1.

(a) Your full name:
(b) Other names you have used:

2.

Place of confinement:
(a) Name of institution:
(b) Address:
(c) Your identification number:

3.

Are you currently being held on orders by:
’ Federal authorities

4.

’ State authorities

’ Other - explain:

Are you currently:
’ A pretrial detainee (waiting for trial on criminal charges)
’ Serving a sentence (incarceration, parole, probation, etc.) after having been convicted of a crime
If you are currently serving a sentence, provide:
(a) Name and location of court that sentenced you:
(b) Docket number of criminal case:
(c) Date of sentencing:
’ Being held on an immigration charge
’ Other (explain):

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

Decision or Action You Are Challenging
5.

What are you challenging in this petition:
’ How your sentence is being carried out, calculated, or credited by prison or parole authorities (for example,
revocation or calculation of good time credits)
’ Pretrial detention
’ Immigration detention
’ Detainer
’ The validity of your conviction or sentence as imposed (for example, sentence beyond the statutory
maximum or improperly calculated under the sentencing guidelines)
’ Disciplinary proceedings
’ Other (explain):

6.

Provide more information about the decision or action you are challenging:
(a) Name and location of the agency or court:
(b) Docket number, case number, or opinion number:
(c) Decision or action you are challenging (for disciplinary proceedings, specify the penalties imposed):

(d) Date of the decision or action:
Your Earlier Challenges of the Decision or Action
7.

First appeal
Did you appeal the decision, file a grievance, or seek an administrative remedy?
’ Yes

’ No

(a) If “Yes,” provide:
(1) Name of the authority, agency, or court:
(2) Date of filing:
(3) Docket number, case number, or opinion number:
(4) Result:
(5) Date of result:
(6) Issues raised:

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

(b) If you answered “No,” explain why you did not appeal:

8.

Second appeal
After the first appeal, did you file a second appeal to a higher authority, agency, or court?
’ Yes

’ No

(a) If “Yes,” provide:
(1) Name of the authority, agency, or court:
(2) Date of filing:
(3) Docket number, case number, or opinion number:
(4) Result:
(5) Date of result:
(6) Issues raised:

(b) If you answered “No,” explain why you did not file a second appeal:

9.

Third appeal
After the second appeal, did you file a third appeal to a higher authority, agency, or court?
’ Yes

’ No

(a) If “Yes,” provide:
(1) Name of the authority, agency, or court:
(2) Date of filing:
(3) Docket number, case number, or opinion number:
(4) Result:
(5) Date of result:
(6) Issues raised:

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

(b) If you answered “No,” explain why you did not file a third appeal:

10.

Motion under 28 U.S.C. § 2255
In this petition, are you challenging the validity of your conviction or sentence as imposed?
’ Yes

’ No

If “Yes,” answer the following:
(a)

Have you already filed a motion under 28 U.S.C. § 2255 that challenged this conviction or sentence?
’ Yes

’ No

If “Yes,” provide:
(1) Name of court:
(2) Case number:
(3) Date of filing:
(4) Result:
(5) Date of result:
(6) Issues raised:

(b)

Have you ever filed a motion in a United States Court of Appeals under 28 U.S.C. § 2244(b)(3)(A),
seeking permission to file a second or successive Section 2255 motion to challenge this conviction or
sentence?
’ Yes

’ No

If “Yes,” provide:
(1) Name of court:
(2) Case number:
(3) Date of filing:
(4) Result:
(5) Date of result:
(6) Issues raised:

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

(c)

Explain why the remedy under 28 U.S.C. § 2255 is inadequate or ineffective to challenge your
conviction or sentence:

11.

Appeals of immigration proceedings
Does this case concern immigration proceedings?
’ Yes

’ No
If “Yes,” provide:

(a)

Date you were taken into immigration custody:

(b)

Date of the removal or reinstatement order:

(c)

Did you file an appeal with the Board of Immigration Appeals?
’ Yes

’ No

If “Yes,” provide:
(1) Date of filing:
(2) Case number:
(3) Result:
(4) Date of result:
(5) Issues raised:

(d)

Did you appeal the decision to the United States Court of Appeals?
’ Yes

’ No

If “Yes,” provide:
(1) Name of court:
(2) Date of filing:
(3) Case number:

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

(4) Result:
(5) Date of result:
(6) Issues raised:

12.

Other appeals
Other than the appeals you listed above, have you filed any other petition, application, or motion about the issues
raised in this petition?
’ Yes

’ No

If “Yes,” provide:
(a) Kind of petition, motion, or application:
(b) Name of the authority, agency, or court:
(c) Date of filing:
(d) Docket number, case number, or opinion number:
(e) Result:
(f) Date of result:
(g) Issues raised:

Grounds for Your Challenge in This Petition
13.

State every ground (reason) that supports your claim that you are being held in violation of the Constitution,
laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the
facts supporting each ground.
GROUND ONE:

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

(a) Supporting facts (Be brief. Do not cite cases or law.):

(b) Did you present Ground One in all appeals that were available to you?
’ Yes

’ No

GROUND TWO:

(a) Supporting facts (Be brief. Do not cite cases or law.):

(b) Did you present Ground Two in all appeals that were available to you?
’ Yes

’ No

GROUND THREE:

(a) Supporting facts (Be brief. Do not cite cases or law.):

(b) Did you present Ground Three in all appeals that were available to you?
’ Yes

’ No

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

GROUND FOUR:

(a) Supporting facts (Be brief. Do not cite cases or law.):

(b) Did you present Ground Four in all appeals that were available to you?
’ Yes
14.

’ No

If there are any grounds that you did not present in all appeals that were available to you, explain why you did
not:

Request for Relief
15. State exactly what you want the court to do:

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AO 242 (12/11) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241

Declaration Under Penalty Of Perjury
If you are incarcerated, on what date did you place this petition in the prison mail system:

I declare under penalty of perjury that I am the petitioner, I have read this petition or had it read to me, and the
information in this petition is true and correct. I understand that a false statement of a material fact may serve as the basis
for prosecution for perjury.

Date:
Signature of Petitioner

Signature of Attorney or other authorized person, if any

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