Weinhaus v. Missouri Department of Corrections Director et al
| Jeffrey Weinhaus |
| Anne L. Precythe, Troy Steele, Joshua David Hawley, Steven M. Pelton and Sandra K. Karsten |
| 4:2017cv01941 |
| July 10, 2017 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Franklin |
| David D. Noce |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
31
MEMORANDUM OPINION: For the reasons set forth above, the petition of Jeffrey Weinhaus for a writ of habeas corpus is denied. Petitioner has made no substantial showing that he was deprived of a constitutional right. Therefore, a certificate of appealability is denied. 28 U.S.C. § 2253(c)(2). An appropriate Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 8/13/19. (JAB)
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Filing
30
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that petitioners motion for a hearing (Doc. 29 ) is DENIED without prejudice. To the extent that petitioner alleges he is suffering retaliation in prison for filing a habeas petition, he may file a comp laint for relief under 42 U.S.C. § 1983. See, e.g., Muhammad v. Close, 540 U.S. 749, 751 (2004). IT IS FURTHER ORDERED that petitioners motion (Doc. 29) be unsealed. Pursuant to E.D. Mo. L.R. 13.05, parties must seek leave and make a showing o f good cause to file documents under seal and ex parte. Petitioner has not made such a showing nor sought leave, and after reviewing the content of petitioners motion with attention to possible privacy concerns, the Court declines to restrict acc ess to the motion. If the Court later concludes that expansion of the record or an evidentiary hearing are necessary in the just determination of this action, an appropriate order will be issued. Signed by Magistrate Judge David D. Noce on 7/27/18. (KJS)
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Filing
22
MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that defendants' motions to dismiss (Docs. 12 and 14 ) are held in abeyance pending plaintiff amending his pleading as indicated above. IT IS FURTHER ORDERED that plaintiff has until November 3, 2017, to file a petition for habeas corpus relief under 28 U.S.C. § 2254. Signed by Magistrate Judge David D. Noce on 10/4/2017. (CLO)
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