Johnson v. State of Missouri

Johnson v. State of Missouri

Petitioner:	Tyler Darnell Johnson
Respondent:	State of Missouri
Case Number:	4:2010cv01365
Filed:	July 23, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Jefferson
Presiding Judge:	Catherine D. Perry
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 27, 2010	Filing 5 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that no order to show cause shall issue at this time as to respondent, because it appears that petitioner did not exhaust available state remedies before invoking federal habeas corpus jurisdiction. IT IS FURTHER ORDERED that petitioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not dismiss t he instant action for failure to exhaust available state remedies. Petitioner's failure to file a show cause response shall result in the denial of the instant habeas corpus petition and the dismissal of this action, without prejudice.( Show Cause Response due by 10/27/2010.) Signed by Honorable Catherine D. Perry on 9/27/2010. (MGK)
September 1, 2010	Filing 2 ORDER. IT IS HEREBY ORDERED that the Clerk of Court shall provide petitioner with a form for filing a "Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a person in State Custody," as well as a form "Motion to Proceed In Forma Pauperis and Affidavit in Support Habeas Cases." IT IS FURTHER ORDERED that petitioner shall complete, sign, and return the amendedpetition within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that petitioner shal l have thirty (30) days from the date of thisOrder either to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." IT IS FURTHER ORDERED that i f petitioner fails to submit his petition on a court provided form and either pay the filing fee or submit the form motion and affidavit within thirty (30) days, the Court will dismiss this action without prejudice. See Rule 41(b) of the Federal Rul es ofCivil Procedure. IT IS FURTHER ORDERED that the Clerk shall docket this petition as Tyler Darnell Johnson v. Chris Koster and Oliver Glenn Boyer. (Forms mailed to: Tyler Darnell Johnson, JEFFERSON COUNTY JAIL, P.O. Box 100, Hillsboro, MO 63050) Signed by Honorable Catherine D. Perry on 9/1/2010. (RJD)

Date Filed

Document Text

September 27, 2010

Filing 5 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. #3] is GRANTED. IT IS FURTHER ORDERED that no order to show cause shall issue at this time as to respondent, because it appears that petitioner did not exhaust available state remedies before invoking federal habeas corpus jurisdiction. IT IS FURTHER ORDERED that petitioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not dismiss t he instant action for failure to exhaust available state remedies. Petitioner's failure to file a show cause response shall result in the denial of the instant habeas corpus petition and the dismissal of this action, without prejudice.( Show Cause Response due by 10/27/2010.) Signed by Honorable Catherine D. Perry on 9/27/2010. (MGK)

September 1, 2010

Filing 2 ORDER. IT IS HEREBY ORDERED that the Clerk of Court shall provide petitioner with a form for filing a "Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a person in State Custody," as well as a form "Motion to Proceed In Forma Pauperis and Affidavit in Support Habeas Cases." IT IS FURTHER ORDERED that petitioner shall complete, sign, and return the amendedpetition within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that petitioner shal l have thirty (30) days from the date of thisOrder either to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." IT IS FURTHER ORDERED that i f petitioner fails to submit his petition on a court provided form and either pay the filing fee or submit the form motion and affidavit within thirty (30) days, the Court will dismiss this action without prejudice. See Rule 41(b) of the Federal Rul es ofCivil Procedure. IT IS FURTHER ORDERED that the Clerk shall docket this petition as Tyler Darnell Johnson v. Chris Koster and Oliver Glenn Boyer. (Forms mailed to: Tyler Darnell Johnson, JEFFERSON COUNTY JAIL, P.O. Box 100, Hillsboro, MO 63050) Signed by Honorable Catherine D. Perry on 9/1/2010. (RJD)

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Petitioner: Tyler Darnell Johnson
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Respondent: State of Missouri
Represented By:	Stephen D. Hawke
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