Phillips v. Burris

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall change this action to one brought pursuant to 28 U.S.C. 2241 as Petitioner is litigating his pretrial confinement. IT IS FURTHER ORDERED that the Clerk shall change the Respondent in this action to Doug Burris, the Director of the St. Louis County Justice Center. (SEE ORDER FOR DETAILS). (Amended/Supplemental Pleadings due by 2/28/2024.) Signed by Magistrate Judge Patricia L. Cohen on 2/7/2024. (Attachments: #1 Form 2241 Habeas Corpus Petition, #2 Form Mtn IFP Habeas Cases)(LNJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CLINT PHILLIPS, III

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Petitioner,
v.
DOUG BURRIS, 1
Respondent.

No. 4:24-CV-00194 PLC

MEMORANDUM AND ORDER
This matter is before the Court upon review of the filing by self-represented petitioner Clint
Phillips, III titled “Complaint.” [ECF No. 1]. This filing is defective as a petition initiating suit
because it was not drafted on a Court form as required by the Local Rules. E.D. Mo. L. R. 2.06(A).
In addition, Petitioner has neither paid the filing fee nor filed a motion for leave to proceed in
forma pauperis. E.D. Mo. L. R. 2.01(B)(1).
Petitioner is a pretrial detainee at the St. Louis County Justice Center. His filing pertains to
his state court matter, State v. Phillips, No. 23SL-CR12878 (Circuit Court for St. Louis County),
in which he has pending charges for unlawful use of a weapon, assault in the first degree and armed
criminal action. Petitioner asks the Court to stop the state’s prosecution of him, alleging
misconduct, excessive bail, wrongful incarceration, and violation of his due process rights. [ECF
No. 1]
It is not entirely clear under which federal statute Petitioner seeks relief from this Court.
However, a state court defendant attempting to litigate the authority of his or her pretrial detention

The Court will instruct the Clerk to change the respondent in this action to the Director of the St. Louis
County Justice Center, Doug Burris.

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may bring a habeas petition pursuant to 28 U.S.C. § 2241. See Palmer v. Clarke, 961 F.2d 771,
774 (8th Cir. 1992) (stating that it “is well established that federal district courts can entertain
pretrial habeas petitions”); Walck v. Edmondson, 472 F.3d 1227, 1235 (10th Cir. 2007) (stating
“that a state court defendant attacking his pretrial detention should bring a habeas petition pursuant
to the general grant of habeas authority contained within 28 U.S.C. § 2241”); Dickerson v. State
of La., 816 F.2d 220, 224 (5th Cir. 1987) (stating that pretrial petitions “are properly brought under
28 U.S.C. § 2241, which applies to persons in custody regardless of whether final judgment has
been rendered and regardless of the present status of the case pending against him”).
Here, Petitioner is a pretrial detainee arguing that his detention is unlawful and as such, his
filing will be construed as seeking relief under 28 U.S.C. § 2241. The Court will direct the Clerk
of Court to send Petitioner a blank “Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241”
form. Petitioner has twenty-one (21) days from the date of this Order to file an amended petition
on the court form. In that same time period, Petitioner must either file a motion to proceed in forma
pauperis or pay the court filing fee.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall change this action to one
brought pursuant to 28 U.S.C. § 2241 as Petitioner is litigating his pretrial confinement.
IT IS FURTHER ORDERED that the Clerk shall change the Respondent in this action
to Doug Burris, the Director of the St. Louis County Justice Center.
IT IS FURTHER ORDERED that the Clerk shall mail to Petitioner blank copies of the
Court’s “Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241” form and “Motion to
Proceed in Forma Pauperis and Affidavit in Support – Habeas Cases” form.

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IT IS FURTHER ORDERED that, within twenty-one (21) days of the date of this Order,
Petitioner shall file an amended petition on the Court-provided form.
IT IS FURTHER ORDERED that, within twenty-one (21) days of the date of this Order,
Petitioner shall either pay the $5.00 filing fee or submit a motion to proceed in forma pauperis on
the Court-provided form.
IT IS FURTHER ORDERED that if Petitioner fails to comply with this Order, the Court
will dismiss this action without prejudice.

PATRICIA L. COHEN
UNITED STATES MAGISTRATE JUDGE
Dated this 7th day of February, 2024

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