Opinion
No. 4:05-CV-1787-MLM.
October 31, 2005
MEMORANDUM AND ORDER
This matter is before the Court upon the application of William G. Carter for leave to commence this action without payment of the required filing fee [Doc. 1]. See 28 U.S.C. § 1915(a). Upon consideration of the financial information provided with the application, the Court finds that the applicant is financially unable to pay any portion of the filing fee. Therefore, the Court will grant petitioner leave to proceed in forma pauperis.
The petition
Petitioner, a person currently confined at the Missouri Sexual Offender Treatment Center ("MSOTC") located in Farmington, Missouri, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his civil commitment to the MSOTC and the constitutionality of the Missouri Sexually Violent Predator Act ("SVPA"), Mo. Rev. Stat. §§ 632.480-513.
Discussion
Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts provides that a district court may dismiss a petition for writ of habeas corpus if it plainly appears that the petitioner is not entitled to relief.
A review of this Court's records indicates that petitioner has previously filed five petitions for writ of habeas corpus challenging his confinement at MSOTC, two of which are pending, see Carter v. Blake, 4:04-CV-624-FRB (E.D. Mo.) and Carter v. Blake, 4:05-cv-1675-ERW (E.D. Mo.). See also Carter v. Swaim, 4:03-CV-794-CDP (E.D. Mo. dism'd as unexhausted Aug. 29, 2003); Carter v. Black, 4:04-CV-272-TCM (E.D. Mo. dism'd May 7, 2004); Carter v. Blake, 4:05-CV-855-AGF (E.D. Mo. dism'd as duplicative July 6, 2005).
In Carter v. Blake, 4:04-CV-624-FRB and Carter v. Blake, 4:05-cv-1675-ERW now pending in this district, petitioner asserts claims that are essentially the same as those raised in the instant petition. Consequently, the instant petition should be dismissed as duplicative. See Aziz v. Burrows, 976 F.2d 1158 (8th Cir. 1992) (district court may dismiss duplicative complaints prior to service of process).
In accordance with the foregoing,
IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. 1] be GRANTED. See 28 U.S.C. § 1915(a)(1). IT IS FURTHER ORDERED that instant petition for writ of habeas corpus be DENIED as duplicative.
An appropriate order shall accompany this memorandum and order.