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Miner v. Hollingsworth

September 28, 2009

GERALD MINER, PETITIONER,
v.
LISA J. HOLLINGSWORTH, RESPONDENT.



The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Petitioner, an inmate in the United States Penitentiary located in Marion, Illinois (USP-Marion), brings this habeas corpus action pursuant to 28 U.S.C. § 2241 to challenge one of his convictions and some of the sentences imposed on him in the United States District Court for the Eastern District of Missouri.

Rule 4 of the Rules Governing § 2254 Cases in United States District Courts provides that upon preliminary consideration by the district court judge, "[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court, the judge shall make an order for its summary dismissal and cause the petitioner to be notified." Rule 1(b) of those Rules gives this Court the authority to apply the rules to other habeas corpus cases. After carefully reviewing the petition and exhibits in the present case, the Court concludes that Petitioner is not entitled to relief, and the petition must be dismissed.

BACKGROUND

Petitioner was charged by indictment as follows:

Count 1: Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g);

Count 2: Possession with Intent to Distribute Cocaine, in violation of 21 U.S.C. § 841(a)(1);

Count 3: Use of a Firearm during a Drug Trafficking Offense, in violation of 18 U.S.C. § 924(c)(1);

Count 4: Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g);

Count 5 Felon in Possession of Ammunition, in violation of 18 U.S.C. § 922(g);

Count 6: Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g);

Count 7: Possession with Intent to Distribute Cocaine, in violation of 21 U.S.C. § 841(a)(1); and

Count 8: Use of a Firearm during a Drug Trafficking Offense, in violation of 18 ...


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