Mahone v. Prudden, No. 4:2016cv01870 - Document 6 (E.D. Mo. 2017)

Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk is directed to send Petitioner a § 2254 form. IT IS FURTHER ORDERED that Petitioner must fill out the § 2254 form and return it to the Court within twenty-one (21) days of the date of this Order. The form must address only one state court judgment. IT IS FURTHER ORDERED that if Petitioner wishes to challenge other judgments, he must request additional forms from the Clerk.IT IS FURTHER ORDERED that Petitioners motion for leave to proceed in forma pauperis [ECF No. 5] is MOOT. He has paid the filing fee. IT IS FURTHER ORDERED that if Petitioner fails to comply with this Order, the Court will dismiss this action without further proceedings. 5 5] ( Response to Court due by 1/26/2017.) Signed by District Judge Henry Edward Autrey on 1/3/17. CC: Form mailed.(CLA)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MICHAEL A. MAHONE, Petitioner, v. DOUGLAS PRUDDEN, Respondent, ) ) ) ) ) ) ) ) ) No. 4:16CV1870 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2245. Petitioner seeks to vacate three separate state court judgments, Missouri v. Mahone, No. 08SL-CR01376-01 (St. Louis County), Missouri v. Mahone, No. 1011-CR0234801 (St. Charles County), and Missouri v. Mahone, No. 1111-CR06093-01 (St Charles County). Petitioner may not challenge more than one judgment in one petition. See 28 U.S.C. § 2254 Rule 2(e). As a result, Petitioner must file an amended petition addressing only one of the three cases. If he wishes to challenge all three of them, he must file separate petitions for the other judgments. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to send Petitioner a § 2254 form. IT IS FURTHER ORDERED that Petitioner must fill out the § 2254 form and return it to the Court within twenty-one (21) days of the date of this Order. The form must address only one state court judgment. IT IS FURTHER ORDERED that if Petitioner wishes to challenge other judgments, he must request additional forms from the Clerk. IT IS FURTHER ORDERED that Petitioner’s motion for leave to proceed in forma pauperis [ECF No. 5] is MOOT. He has paid the filing fee. IT IS FURTHER ORDERED that if Petitioner fails to comply with this Order, the Court will dismiss this action without further proceedings. Dated this 3rd day of January, 2017. ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2