Elawyers Elawyers
Ohio| Change

SHELTON v. NESTER, 4:14CV1617 SNLJ. (2014)

Court: District Court, E.D. Missouri Number: infdco20141027813 Visitors: 8
Filed: Oct. 23, 2014
Latest Update: Oct. 23, 2014
Summary: MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, Jr., District Judge. This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has been adjudicated incompetent in state court proceedings, and he is challenging the appointment of a guardian over his person. Petitioner currently has pending before the Court a previous challenge to the guardianship, Shelton v. Nester, 4:13CV1050 SNLJ-NAB. The subject matter of the instant petition is
More

MEMORANDUM AND ORDER

STEPHEN N. LIMBAUGH, Jr., District Judge.

This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has been adjudicated incompetent in state court proceedings, and he is challenging the appointment of a guardian over his person. Petitioner currently has pending before the Court a previous challenge to the guardianship, Shelton v. Nester, 4:13CV1050 SNLJ-NAB. The subject matter of the instant petition is duplicative of the previous case. As a result, the Court will dismiss the instant petition without prejudice. Additionally, the Court will not issue a certificate of appealability.

Accordingly,

IT IS HEREBY ORDERED that this action is DISMISSED without prejudice.

An Order of Dismissal will be filed separately.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer