United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
STEPHEN R. CLARK, UNITED STATES DISTRICT JUDGE
matter is before the Court on the motion of Plaintiff Melvin
Leroy Tyler, purporting to act on behalf of the State of
Missouri, to remove his state cases into the United States
District Court for the Eastern District of Missouri. Doc. 1.
The cases that Plaintiff seeks to remove have already been
completed. Therefore, for the reasons discussed below, this
removal action will be dismissed for lack of jurisdiction.
is a pro se litigant currently incarcerated in the Jefferson
City Correctional Center in Jefferson City, Missouri.
According to the Missouri Department of Corrections, he is
serving a 185-year sentence. He has filed numerous actions
challenging his convictions, which are outlined below.
August 4, 1978, plaintiff was convicted of two counts of
first-degree robbery by means of a deadly weapon, two counts
of assault with intent to commit rape without malice
aforethought, and armed criminal action. State v.
Tyler, 622 S.W.2d 379, 382 (Mo.Ct.App. 1981). He was
sentenced to fifty years on each robbery count, five years on
each assault count, and fifty years for the armed criminal
action count. Id. All terms were ordered to be
served consecutively. Id.
Missouri Court of Appeals reversed plaintiff's armed
criminal action conviction on the basis of double jeopardy.
Id. at 387. The judgment was affirmed in all other
respects. Id. Plaintiff has since attempted to seek
postconviction relief through the state courts, but those
attempts have not been successful. See Tyler v.
State, 18 S.W.3d 117 (Mo.Ct.App. 2000); State v.
Tyler, 103 S.W.3d 245 (Mo.Ct.App. 2003); Tyler v.
State, 111 S.W.3d 495 (Mo.Ct.App. 2003); Tyler v.
State, 229 S.W.3d 103 (Mo.Ct.App. 2007); and Tyler
v. State, 292 S.W.3d 338 (Mo.Ct.App. 2009).
also filed a federal writ of habeas corpus pursuant to 28
U.S.C. § 2254. Tyler v. Armontrout, 917 F.2d
1138, 1139 (8th Cir. 1990). The district court
denied his petition on July 12, 1989. Id. at 1140.
The Court of Appeals affirmed the denial in all respects.
Id. at 1143. Plaintiff has made various other
attempts to seek habeas relief in federal court, to no avail.
See Tyler v. Purkett, 26 F.3d 127, 1994 WL 281821,
at *1 (8th Cir. 1994) (unpublished opinion)
(noting that instant petition was “not the first habeas
petition filed by [plaintiff] for the purpose of challenging
these convictions…It is either the fifth or sixth such
has previously attempted to remove his underlying criminal
case to federal court. Those attempts have been unsuccessful.
See State of Missouri v. Kniest, et al., No.
4:15-cv-1352-HEA (E.D. Mo. Aug. 28, 2015); State of
Missouri v. Kniest, et al., No. 4:15-cv-1849-NCC (E.D.
Mo. Dec. 11, 2015); and Tyler v. State of Missouri,
No. 4:16-cv-1630-NAB (E.D. Mo. Oct. 18, 2016). More recently,
plaintiff tried twice more to remove his original criminal
case to federal court. See State of Missouri, et al. v.
Tyler, No. 4:19-cv-546-HEA (E.D. Mo. Mar. 21, 2019); and
State of Missouri, et al. v. Morales, et al., No.
4:19-cv-2135-HEA (E.D. Mo. Jul. 22, 2019). In both instances,
plaintiff's removal actions were denied. Both are
currently pending appeal. In total, plaintiff has tried to
remove his criminal case on five separate occasions.
Motion for Removal
instant motion for removal seeks to remove seven separate
state court cases to this Court. Those cases are: State
of Missouri v. Tyler, No. SC94076 (Mo. 2014); Tyler
v. Schollmeyer, et al., No. 15OS-CC00013
(20th Cir., Osage County); Tyler v.
Schollmeyer, No. ED104221 (Mo. App. 2017); Tyler v.
Schollmeyer, et al., No. SC96733 (Mo. 2017); Tyler
v. Schollmeyer, No. ED106141 (Mo. App. 2018); Tyler
v. Schollmeyer, et al., No. SC97041 (Mo. 2018); and
Tyler v. Schollmeyer, et al., No. ED106562 (Mo. App.
2018). All of these cases have been completed.
State of Missouri v. Tyler, No. SC94076 (Mo.
first case that Plaintiff seeks to remove is State of
Missouri v. Tyler, No. SC94076 (Mo. 2014). This is an
appeal filed directly with the Missouri Supreme Court,
following the denial of a petition for writ of habeas corpus
in the Circuit Court of Platte County on February 20, 2014 in
State of Missouri v. Tyler, No. 0677CF00039
(6th Cir., Platte County). On September 22, 2014,
the Missouri Supreme Court transferred the case to the
Missouri Court of Appeals, Western District, where
jurisdiction was vested.
Tyler v. Schollmeyer, et al., No. 15OS-CC00013
(20th Cir., Osage County)
second case that Plaintiff seeks to remove is Tyler v.
Schollmeyer, et al., No. 15OS-CC00013 (20th
Cir., Osage County). The case originated with a petition
filed by Plaintiff in the Circuit Court of Osage County. The
petition, which was filed on June 22, 2015, asked for
criminal charges to be brought against three assistant
attorneys general and three judges, stemming from the denial
of Plaintiff's state habeas corpus petition. Plaintiff
purported to bring these criminal charges on behalf of the
State of Missouri. The circuit court determined that