Rothman v. Johnson, No. 4:2012cv01745 - Document 4 (E.D. Mo. 2012)

Court Description: OPINION, MEMORANDUM AND ORDER: ORDERED that the instant 28 U.S.C. 2254 action is DISMISSED, without prejudice, as duplicative. FURTHER ORDERED that no certificate of appealability shall issue. A separate Order of Dismissal shall accompany this Memorandum and Order.. Signed by District Judge Henry E. Autrey on 10/25/12. (CEL)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CHARLES EDWARD ROTHMAN, Petitioner, v. JEAN ANN JOHNSON, Respondent. ) ) ) ) ) ) ) ) ) No. 4:12CV1745 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court upon review of petitioner s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. #1]. Petitioner is challenging an October 1, 2008 conviction entered in Scott County, Missouri. After reviewing the petition, the Court has determined that the instant action is duplicative of a § 2254 action that petitioner filed on September 14, 2012, and which is currently pending in this Court. See Rothman v. Johnson, 4:12-CV-1674-DDN (E.D.Mo.). As a result, the instant action will be dismissed, without prejudice. Accordingly, IT IS HEREBY ORDERED that the instant 28 U.S.C. § 2254 action is DISMISSED, without prejudice, as duplicative. IT IS FURTHER ORDERED that no certificate of appealability shall issue. See 28 U.S.C. § 2253. A separate Order of Dismissal shall accompany this Memorandum and Order. Dated this 25th day of October, 2012. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2