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Kane v. Iowa Supreme Court

United States District Court, Eighth Circuit

July 9, 2013

THOMAS KANE, Petitioner,
v.
IOWA SUPREME COURT, Respondent.

ORDER

MARK W. BENNETT, District Judge.

The matter before the court is the petitioner's writ of mandamus, which the clerk's office properly construed as an application for a writ of habeas corpus.[1] The petitioner filed such application on May 9, 2013. Also before the court is the petitioner's application to proceed in forma pauperis and application for appointment of counsel. The petitioner filed those applications on May 30, 2013.

The petitioner previously sought an application for a writ of habeas corpus in the United States District Court for the Southern District of Iowa, that is, the district where he is confined and the district where he was convicted. And, on at least two occasions, see Kane v. State of Iowa, Case # 4:00-cv-10547-REL (S.D. Iowa 2000); Kane v. State of Iowa, Case # 4:97-cv-90496 (S.D. Iowa 1997), the United States District Court for the Southern District of Iowa informed the petitioner that he is unable to challenge his first-degree murder conviction and life sentence unless he receives permission to file a second or successive application for a writ of habeas corpus. See 28 U.S.C. ยง 2244(b)(3)(A).[2] Rather than transfer the petitioner's application for a writ of habeas corpus to the United States District Court for the Southern District of Iowa, the court shall dismiss without prejudice the petitioner's application for a writ of habeas corpus and shall deny as moot the petitioner's application to proceed in forma pauperis and application for appointment of counsel.

IT IS THEREFORE ORDERED:

(1) The petitioner's application for a writ of habeas corpus (docket no. 1) is dismissed without prejudice.
(2) The petitioner's application to proceed in forma pauperis (docket no. ...

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