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)

Clear Form

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIVISION

Petitioner

v.

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

)
)
)
)
)
)
)
)
)
)

Case No: ____________________

(to be assigned by Clerk of District Court)

PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241
Personal Information
1.
2.

(a) Your full name:
(b) Other names you have used:
Place of confinement:
(a) Name of institution:
(b) Address:

3.

(c) Your identification number:
Are you currently being held on orders by:
Federal authorities
State authorities

4.

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):

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,
Page 1 of 7

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:

(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
Page 2 of 7

(a) If “Yes,” provide:
(1) Name of the authority, agency, or court:
(2)
(3)
(4)
(5)
(6)

Date of filing:
Docket number, case number, or opinion number:
Result:
Date of result:
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)
(3)
(4)
(5)
(6)

Date of filing:
Docket number, case number, or opinion number:
Result:
Date of result:
Issues raised:

(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
Page 3 of 7

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

11.

(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:

(c)

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

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?
Page 4 of 7

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

(d)

12.

No

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

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)
(d)
(e)
(f)
(g)

Date of filing:
Docket number, case number, or opinion number:
Result:
Date of result:
Issues raised:

Page 5 of 7

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. Any legal arguments must be submitted in a separate memorandum.
GROUND ONE:

(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
Page 6 of 7

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
No
14.

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:

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

Page 7 of 7