Legal Opinion
Seemiller v. Circuit Court Clerk of St. Charles County
District Court, E.D. Missouri
Decided September 5, 1980No. 80-151C(5)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CAHILL, District Judge.
This matter is before the Court on the defendants’ motion to dismiss.1 In the complaint, brought under 42 U.S.C. § 1983, plaintiff, a state prisoner, alleges that the St. Charles County Circuit Court Clerk and others have conspired to delay and impede his state court motion to vacate sentence. The motion was filed under Rule 27.26 of the Missouri Revised Statutes. Rule 27.-26(e) provides that:
Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, a prompt hearing thereon shall be held.
In…
2Cases cited4 opinions
- Loren E. Barry v. Maurice Sigler, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1967
- Doyle A. Jones v. The Honorable Terry L. Shell, United States District Judge for the Eastern District of ArkansasCourt of Appeals for the Eighth Circuit · 1978
- Dr. Richard P. Mucie v. Missouri State Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1976
- Douglas W. Thompson v. Carl White, Supt. Correction, Missouri Training CenterCourt of Appeals for the Eighth Circuit · 1979
3Cited by3 opinions
- Paul Seemiller v. Circuit Court Clerk of St. Charles County, Prosecuting Attorney of St. Charles County, and Honorable Judge Dalton, Circuit CourtCourt of Appeals for the Eighth Circuit · 1981
- McMillan v. Chief Judge, Circuit Court of Greene CountyCourt of Appeals for the Eighth Circuit · 1983
- Paul Mcmillan v. Chief Judge, Circuit Court Of Greene CountyCourt of Appeals for the Eighth Circuit · 1983