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Jones v. Lawson

United States District Court, E.D. Missouri, Eastern Division

October 10, 2019

WILLIAM J JONES, Petitioner,
v.
TERI LAWSON, Respondent,

          MEMORANDUM AND ORDER

          NANNETTE A. BAKER UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court upon the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed by William J. Jones. Petitioner has also filed a motion for leave to commence this action without payment of the required filing fee. Based on the information submitted by petitioner, his motion to proceed in forma pauperis will be granted and the filing fee will be waived. See 28 U.S.C. § 1915. However, based on the Court's review, it appears that petitioner has not exhausted his claim in state court and that his petition is time-barred. If so, dismissal for failure to exhaust available state remedies or for untimely filing may be appropriate. 28 U.S.C. § 2254(b)(1)(A); 28 U.S.C. § 2244(d); Rule 4 of the Rules Governing Habeas Corpus Cases Under § 2254. As a result, the Court will order petitioner to show cause why the petition should not be dismissed.

         Background

         Jones filed his petition for writ of habeas corpus under 28 U.S.C. § 2254 on August 19, 2019, in the U.S. District Court for the Western District of Missouri. He argues one ground for relief: ineffective assistance of counsel. ECF No. 1. On August 22, 2019, the case was transferred to this Court. ECF No. 3. On September 3, 2019, the Court ordered petitioner to pay the filing fee or file a motion to proceed in forma pauperis. ECF No. 6. On October 7, 2019, petitioner filed a motion for leave to proceed in forma pauperis. ECF No. 7.

         Petitioner states in his petition that he was convicted in the Twenty-Second Circuit Court of the City of Saint Louis in case number “1522CR00807-01” for first degree statutory sodomy and furnishing pornography to a minor. Petitioner pled guilty to both counts and on April 13, 2016, he was sentenced to twelve (12) years. Regarding appeal of his criminal matter, petitioner states the following on his form petition:

9. If you did appeal, answer the following:
(a) Name of court: I filed a post-conviction relief to the 22nd Judicial Circuit Court of the City of St. Louis
(b) Docket or case number (if you know): None was given
(c) Result: I've been ignored by that court system
(d) Date of result (if you know): N/A
(e) Citation to the case (if you know): I don't know
(f) Grounds raised: Ineffective Assistance of Counsel
(g) Did you seek further review by a higher state court? Yes ...

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