Johnson v. Wolfenbarger

Filing 21

OPINION and ORDER Denying the Motion or Request to Reopen the Petition for Writ of Habeas Corpus 18 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHRISTOPHER JOHNSON,
Petitioner,
v.

Civil No. 2:06-CV-14010
HONORABLE DENISE PAGE HOOD
CHIEF UNITED STATES DISTRICT JUDGE

HUGH WOLFENBARGER,
Respondent,
___________________________________/
OPINION AND ORDER DENYING THE MOTION OR REQUEST TO
REOPEN THE PETITION FOR WRIT OF HABEAS CORPUS
Before the Court is Petitioner’s motion or request to reopen the petition for
writ of habeas corpus. For the reasons that follow, the motion is DENIED.
This Court granted petitioner a writ of habeas corpus, finding that he did not
knowingly and voluntarily waive his right to a jury trial. Johnson v. Wolfenbarger,
No. 2:06-CV-14010, 2009 WL 1883895 (E.D. Mich. June 29, 2009). The United
States Court of Appeals for the Sixth Circuit reversed this Court’s decision and
instructed this Court on remand to deny habeas relief. Johnson v. Wolfenbarger,
391 F. App’x 510 (6th Cir. 2010). On remand, this Court entered an order
denying habeas relief. (ECF 16).
Petitioner has now filed a request to reopen the case. Petitioner in his
request again argues that he did not knowingly and intelligently waive his right to a
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jury trial. (ECF 18).
28 U.S.C. § 2244(b)(1) states that a claim presented in a second or
successive habeas corpus application under § 2254 that was presented in a prior
application must be dismissed. Tyler v. Cain, 533 U.S. 656, 661 (2001); see also In
re Salem, 631 F.3d 809, 812 (6th Cir.2011); In Re Siggers, 132 F. 3d 333, 336 (6th
Cir. 1997). Petitioner has already raised his claim concerning the validity of his
jury trial waiver in his first petition; 28 U.S.C. § 2244(b)(1) precludes him from
raising this claim again. Accordingly, the request to reopen the petition is denied.
IT IS HEREBY ORDERED that the request to reopen the petition for writ of
habeas corpus (ECF 18) is DENIED.

Dated: February 12, 2020

s/Denise Page Hood
Chief Judge, United States District Court

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