Summary
The United States District Court for the Eastern District of Missouri denied and dismissed Melvin Leroy Tyler’s 28 U.S.C. § 2254 petition as a second or successive habeas application filed without authorization from the Eighth Circuit. The court granted in forma pauperis status, denied appointment of counsel as moot, declined to issue a certificate of appealability, and warned Tyler about potential filing restrictions.
Holdings
- The petition was a second or successive § 2254 application and had to be denied and dismissed because Tyler had not obtained authorization from the Eighth Circuit Court of Appeals.
- No certificate of appealability would issue because Tyler made no substantial showing of the denial of a federal right.
Questions Presented
- Whether the district court could consider Tyler's § 2254 petition when he had previously filed federal habeas petitions challenging the same conviction and had not obtained authorization from the Eighth Circuit.
- Whether Tyler was entitled to a certificate of appealability.
Disposition
dismissed
Cases Cited (17)
- Chambers v. NASCO, Inc., 501 U.S. 32, 43-45 (1991)(followed)
- In re Tyler, 839 F.2d 1290, 1291-92 (8th Cir. 1988)(followed)
- State v. Tyler, 622 S.W.2d 379, 382, 387 (Mo. Ct. App. 1981)(followed)
- Tyler v. State, 18 S.W.3d 117 (Mo. Ct. App. 2000)(followed)
- State v. Tyler, 103 S.W.3d 245 (Mo. Ct. App. 2003)(followed)
- Tyler v. State, 111 S.W.3d 495 (Mo. Ct. App. 2003)(followed)
- Tyler v. State, 229 S.W.3d 103 (Mo. Ct. App. 2007)(followed)
- Tyler v. State, 292 S.W.3d 338 (Mo. Ct. App. 2009)(followed)
- Tyler v. Armontrout, 917 F.2d 1138, 1143 (8th Cir. 1990)(followed)
- Tyler v. Purkett, 26 F.3d 127, 1994 WL 281821 (8th Cir. 1994) (unpublished opinion)(followed)
Showing top 10 of 17.
Cited In (0)
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