Thomason v. Ludwick

Filing 39

OPINION AND ORDER DENYING PETITIONER'S 37 MOTION to Reinstate Motions Previously Adjudicated without Prejudice. Signed by District Judge Gerald E. Rosen. (RGun)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STEVEN ALLEN THOMASON, #376662,
Petitioner,

Civil No. 2:09-11012
Honorable Gerald E. Rosen

v.
NICK LUDWICK,
Respondent.
__________________________________/
OPINION AND ORDER DENYING PETITIONER'S "MOTION TO REINSTATE
MOTIONS PREVIOUSLY ADJUDICATED WITHOUT PREJUDICE" [dkt. #37]

Petitioner Steven Allen Thomason filed a pro se petition for writ of habeas corpus
pursuant to 28 U.S.C. §2254. He was convicted in Oakland County Circuit Court of
second-degree criminal sexual conduct, MICH. COMP. LAWS §750.520c(1)(a). Petitioner is
presently incarcerated at Mid-Michigan Correctional Facility in St. Louis, Michigan. He was
sentenced to four years nine months to fifteen years’ imprisonment. Pending before the
Court is Petitioner's "Motion to Reinstate Motions Previously Adjudicated Without Prejudice"
[dkt. #37]. For the reasons that follow, the Court will deny the motion.
On June 19, 2009, this Court issued an order disposing of eleven motions filed by
Petitioner. The motions sought discovery, early consideration of Petitioner's substantive
claims, release on bond, an evidentiary hearing, and a writ of mandamus. The Court
concluded that most of the arguments contained in the motions were being raised
prematurely.

Subsequently, Respondent filed a motion to dismiss the petition on

exhaustion grounds, and Petitioner responded by filing an amended petition that deleted
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his unexhausted claims. The amended petition was filed on March 3, 2011, and an answer
was filed by Respondent on April 15, 2011.
Petitioner's present motion requests the Court to reconsider his prior motions before
the Court considers the amended petition on the merits. This case has been pending since
March 18, 2009. It is not in the interest of justice to further delay adjudication of the case
by allowing the sort of piece-meal litigation suggested in Petitioner's prior motions. The
Court will address the issues denied without prejudice in Petitioner's prior motions when
it considers the case. Accordingly,
IT IS ORDERED that Petitioner's "Motion to Reinstate Motions Previously
Adjudicated Without Prejudice" [dkt. #37] is DENIED.
SO ORDERED.

s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: May 13, 2011
I hereby certify that a copy of the foregoing document was served upon counsel of record
on May 13, 2011, by electronic mail and upon Steven Thomason, ##376662, Mid-Michigan
Correctional Facility, 8201 N. Croswell Road, St. Louis, MI 8880 by ordinary mail.
s/Ruth A. Gunther
Case Manager

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