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Tyler v. Schollmeyer

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

October 23, 2019

MELVIN LEROY TYLER, Plaintiff,
v.
ROBERT SCHOLLMEYER, et al., Defendants.

          MEMORANDUM AND ORDER

          STEPHEN R. CLARK, UNITED STATES DISTRICT JUDGE

         This 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.

         Background

         Plaintiff 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.

         On 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.

         The 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.[1] 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).

         Plaintiff 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 petition”).

         Plaintiff 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);[2] State of Missouri v. Kniest, et al., No. 4:15-cv-1849-NCC (E.D. Mo. Dec. 11, 2015);[3] and Tyler v. State of Missouri, No. 4:16-cv-1630-NAB (E.D. Mo. Oct. 18, 2016).[4] 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.

         Plaintiff's Motion for Removal

         Plaintiff's 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).[5] All of these cases have been completed.

         1. State of Missouri v. Tyler, No. SC94076 (Mo. 2014)

         The 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.

         2. Tyler v. Schollmeyer, et al., No. 15OS-CC00013 (20th Cir., Osage County)

         The 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 ...


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