Young v. Lawrence

Full title: KEITH STANLEY YOUNG, Petitioner, v. SCOTT LAWRENCE, Respondent

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Mar 10, 2015

No. 4:15CV362 RWS (E.D. Mo. Mar. 10, 2015)

Opinion

No. 4:15CV362 RWS

03-10-2015

KEITH STANLEY YOUNG, Petitioner, v. SCOTT LAWRENCE, Respondent

RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE

MEMORANDUM AND ORDER

Before the Court is petitioner's motion to alter or amend judgment. The Court has reviewed petitioner's assertions and found that his arguments cannot circumvent the fact that his application for writ of habeas corpus was successive and lacked certification from the Eighth Circuit Court of Appeals. As noted in the Court's prior order and order of dismissal, under 28 U.S.C. § 2244(a) and § 2255(h) district courts may not entertain a second or successive application for writ of habeas corpus unless it has first been certified by the Court of Appeals. Because petitioner's application for writ had not been certified by the Eighth Circuit, this Court could not grant his requested relief. As such, there are no grounds to alter judgment.

Accordingly,

IT IS HEREBY ORDERED that petitioner's motion to alter or amend judgment [Doc. #8] is DENIED.

IT IS FURTHER ORDERED that petitioner's motion for "Application for a Three-Judge Court Convene" [Doc. #9] is DENIED.

IT IS FURTHER ORDERED that no certificate of appealability shall issue.

Dated this 10^th day of March, 2015.

/s/_________

RODNEY W. SIPPEL

UNITED STATES DISTRICT JUDGE