United States District Court, E.D. Missouri, Eastern Division
STEVEN L. VOLNER, Petitioner,
STANLEY PAYNE, Respondent,
MEMORANDUM AND ORDER
G. FLEISSIG, UNITED STATES DISTRICT JUDGE.
matter comes before the Court on petitioner Steven L.
Volner's “Motion for Probation Time Credit, ”
which has been construed as a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. (Docket No. 1) For
the reasons discussed below, the petition must be summarily
dismissed, as it does not state a denial of a constitutional
right and because petitioner has not exhausted his state
was charged in Missouri state court with delivery or
concealment of a controlled substance at a correctional
facility. State of Missouri v. Volner, No.
14SF-CR01554-01 (24th Cir., St. Francois
County). He pled guilty on February 13, 2015. That
same day, he was given a suspended five-year prison sentence,
and placed on a five-year term of probation.
October 7, 2016, petitioner's probation was revoked. The
circuit court ordered that the previously imposed five-year
sentence be executed. However, the circuit court also stated
its intention to reconsider petitioner for probation after
120 days of shock incarceration. On January 17, 2017,
petitioner was placed back on probation for five years.
April 6, 2018, petitioner's probation was once again
revoked. That same day, the circuit court ordered the
previously imposed five-year sentence to be executed.
October 31, 2018, petitioner filed a motion for probation
time credit with the circuit court. The motion is similar to
the action presently before the Court. The state circuit
court has not yet ruled upon petitioner's motion.
filed the instant “Motion for Probation Time
Credit” on January 11, 2019. (Docket No. 1) As noted
above, the document is similar to the motion petitioner filed
in the state circuit court. The Court has construed this
motion as a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254.
asserts that, from February 15, 2013 to April 6, 2018, he
served 986 days on probation without being arrested for any
city, state, or federal laws. (Docket No. 1 at 2) He further
states that 552 of those days were “uneventful”
and free of any violations. (Docket No. 1 at 1) Petitioner
does acknowledge, however, receiving “two
technicals” while on probation. (Docket No. 1 at 2)
states that, under Missouri law, parole time is automatically
credited towards an individual's sentence, while
probation time may be credited at the discretion of the
sentencing court. He argues that probation time “is not
so different in substance from parole time, ” and that
“the difference is in the governing statutes
alone.” Petitioner therefore seeks credit against his
sentence for the 986 days he served on probation.
has filed a document construed as a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254, seeking to
have the time he served on probation credited against his
sentence of incarceration. For the reasons discussed below,
the petition must be summarily dismissed.
Failure to State a ...