Opinions and documents
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
STANLEY JOHNSON,
Petitioner,
v. Case No. 1:25-cv-00175-MAL
GREGORY HANCOCK,
Respondent.
MEMORANDUM AND ORDER
Stanley Johnson, a self-represented state prisoner at the Southeast
Correctional Center in Charleston, Missouri, filed a petition under 28 U.S.C. § 2254
for writ of habeas corpus (Doc. 1), a motion for leave to proceed in forma pauperis
(Doc. 2), and a motion for appointment of counsel (Doc. 3). Because Johnson’s petition
raises no cognizable habeas claim and is, in any event, an unauthorized second or
successive petition, the Court dismisses the petition without prejudice and denies the
remaining motions as moot.
I. Background
On April 22, 2009, a St. Louis County jury convicted Johnson of first-degree
murder and forcible rape. State v. Johnson, No. 2106R-04034-01 (Mo. Cir. April 22,
2009). The Circuit Court of St. Louis County sentenced Johnson to life without
parole, id., and the Missouri Court of Appeals affirmed the conviction, State v.
Johnson, 328 S.W.3d 385, 389, 399 (Mo. App. 2010). As it may, the Court takes
judicial notice of Johnson’s state court records and his prior federal proceedings. See
Levy v. Ohl, 477 F.3d 988, 990–91 (8th Cir. 2007); Stutzka v. McCarville, 420 F.3d
757, 760 n.2 (8th Cir. 2005).
Johnson filed his first habeas petition with this Court in October 2013.
Petition for Writ of Habeas Corpus, Johnson v. Wallace, No. 4:13-cv-1994-JMB (E.D.
Mo. Oct. 3, 2013). The Court denied and dismissed that petition as untimely in
February 2016. Memorandum and Order, Johnson, No. 4:13-cv-1994-JMB (E.D. Mo.
Feb. 26, 2016). Johnson did not appeal. See generally Johnson, No. 4:13-cv-1994-
JMB (E.D. Mo.).
Johnson has since filed at least seven § 2254 petitions challenging the same
judgment, which the Court sets out below. The Court dismissed three of those
matters for failure to comply with a Court order. See Memorandum and Order,
Johnson v. Lewis, No. 1:19-cv-234-SRC (E.D. Mo. Feb. 13, 2020); Memorandum and
Order, Johnson v. Stange, No. 1:23-cv-5-SRC (E.D. Mo. May 22, 2023); Order of
Dismissal, Johnson v. Stange, No. 1:24-cv-171-NCC (E.D. Mo. Jan. 21, 2025). The
Court dismissed two others as unauthorized successive petitions. See Order of
Dismissal, Johnson v. Stange, No. 1:24-cv-162-PLC (E.D. Mo. Sept. 9, 2024);
Memorandum and Order, Johnson v. Hancock, No. 1:25-cv-45-SRW (E.D. Mo. June
20, 2025).
Johnson filed the present petition on October 21, 2025. (Doc. 1). His seventh
petition—see Petition, Johnson v. Hancock, No. 1:26-cv-80-NCC (E.D. Mo. Apr. 17,
2026)—also remains pending.
II. Discussion
Rule 4 of the Rules Governing § 2254 Cases in the United States District
Courts requires the Court to dismiss a habeas petition if “it plainly appears from the
petition and any attached exhibits that the petitioner is not entitled to relief.”
Johnson’s petition fails for two independent reasons. First, the petition raises no
cognizable habeas claim. Johnson asserts only that prison staff denied him access to
an electronic tablet from September 11 through October 16, 2025, thereby denying
him access to the courts. (Doc. 1 at 5). Even liberally construed, that is a conditions-
of-confinement claim, not a challenge to the legality of Johnson’s custody. A petition
under 28 U.S.C. § 2254 is available only to a state prisoner who claims that he is “in
custody in violation of the Constitution or laws or treaties of the United States.” 28
U.S.C. § 2254(a). Johnson’s tablet-access claim does not challenge the validity of his
conviction or sentence. If Johnson wishes to pursue a conditions-of-confinement
claim, he must do so under 42 U.S.C. § 1983.
Second, to the extent Johnson’s petition challenges the same conviction at issue
in his prior § 2254 petitions—and Johnson identified the same case number, court,
and sentence (Doc. 1 at 1)—the petition is an unauthorized second or successive
petition. The dismissal of Johnson’s first § 2254 petition in Johnson v. Wallace as
untimely constituted an adjudication on the merits, rendering all subsequent § 2254
petitions challenging the same judgment “second or successive” under 28 U.S.C.
§ 2244(b)(1). See Opinion, Memorandum, and Order, Johnson v. Stange, No. 1:24-cv-
162-PLC, *2 (E.D. Mo. Sept. 5, 2024) (holding court dismissal of § 2254 habeas claim
as “untimely” in original 2016 § 2254 habeas case (Johnson I) was “adjudication on
the merits”); Cf. Diaz-Diaz v. United States, 297 Fed. App’x 574, 575 (8th Cir. 2008)
(denial of § 2255 habeas petition as untimely is adjudication on the merits). Before
filing a second or successive petition, a petitioner must obtain authorization from the
appropriate court of appeals. 28 U.S.C. § 2244(b)(3)(A). That requirement is
jurisdictional. Burton v. Stewart, 549 U.S. 147, 153 (2007). Johnson has not obtained
authorization from the Eighth Circuit to file the present petition.
Finally, the Court considers whether to issue a certificate of appealability. The
Court must issue a certificate of appealability when “jurists of reason would find it
debatable whether the district court was correct in its procedural ruling.” Slack v.
McDaniel, 529 U.S. 473, 484 (2000). Because the Court’s procedural ruling raises no
doubt, the Court declines to issue a certificate of appealability. The Court also finds
that it would not be in the interest of justice to transfer this case to the Eighth Circuit.
See 28 U.S.C. § 1631.
Accordingly,
IT IS HEREBY ORDERED that Johnson’s petition for writ of habeas corpus
(Doc. 1) is DENIED and DISMISSED without prejudice.
IT IS FURTHER ORDERED that Johnson’s motion for leave to proceed in forma
pauperis (Doc. 2) and motion for appointment of counsel (Doc. 3) are DENIED as
moot.
The Court declines to issue a certificate of appealability. A separate Order of
Dismissal accompanies this Memorandum and Order.
Dated this 28th day of August, 2026.
MARIA A. LANAHAN
UNITED STATES DISTRICT JUDGE
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