Wagner v. 22nd Judicial Circuit Court of Missouri

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Wagner v. 22nd Judicial Circuit Court of Missouri

Wagner v. 22nd Judicial Circuit Court of Missouri

Plaintiff:	Benjamin W. Wagner
Defendant:	22nd Judicial Circuit Court of Missouri
Case Number:	4:2013cv01692
Filed:	August 21, 2013
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Rodney W. Sippel
Nature of Suit:	Mandamus and Other
Cause of Action:	28 U.S.C. § 1651
Jury Demanded By:	None

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Date Filed	Document Text
October 29, 2013	Filing 4 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis Doc. # 3 is GRANTED. IT IS FURTHER ORDERED that the petitioner shall pay an initial filing fee of $20.37 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4)that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the petition for writ of mandamus because this Court lacks jurisdiction over this matter, and, even if jurisdiction were present, th e petition would be dismissed as legally frivolous. See Fed.R.Civ.P. 12(h)(3) and 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that to the extent petitioner is seeking relief under 28 U.S.C. § 2241, his petition for writ of habeas corpus is DENIED AND DISMISSED without prejudice. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 10/29/13. (ARL)

Date Filed

Document Text

October 29, 2013

Filing 4 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion to proceed in forma pauperis Doc. # 3 is GRANTED. IT IS FURTHER ORDERED that the petitioner shall pay an initial filing fee of $20.37 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4)that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the petition for writ of mandamus because this Court lacks jurisdiction over this matter, and, even if jurisdiction were present, th e petition would be dismissed as legally frivolous. See Fed.R.Civ.P. 12(h)(3) and 28 U.S.C. 1915(e)(2)(B). IT IS FURTHER ORDERED that to the extent petitioner is seeking relief under 28 U.S.C. § 2241, his petition for writ of habeas corpus is DENIED AND DISMISSED without prejudice. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 10/29/13. (ARL)

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Defendant: 22nd Judicial Circuit Court of Missouri
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Plaintiff: Benjamin W. Wagner
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