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Rogers v. Chandler

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 22, 2010

THEODORE ROGERS, JR., PETITIONER,
v.
NEDRA CHANDLER, RESPONDENT.

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

MEMORANDUM AND ORDER

Petitioner Theodore Rogers, Jr., filed this action pursuant to 28 U.S.C. § 2254 to challenge his conviction on two counts of armed robbery in St. Clair County, Illinois. Shortly thereafter, Rogers filed a motion to stay (Doc. 5). In this motion, he acknowledges that he has not yet sought nor received leave from the Seventh Circuit Court of Appeals to file a second or success habeas corpus petition. Thus, Rogers asks the Court to stay these proceedings until such permission is granted.

The statute provides that "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. § 2244(b)(3)(A) (emphasis added). Because Rogers did not obtain permission from the Seventh Circuit Court of Appeals before he filed the instant § 2254 application in this Court, the Court lacks authority to grant Rogers the relief he seeks.

Thus, the motion to stay is DENIED, and this action is DISMISSED. Dismissal is without prejudice to Rogers filing a new § 2254 petition, but only after he has obtained proper authorization to do so from the Seventh Circuit Court of Appeals. All other pending motions are now MOOT.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20100422

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