Phillip Brown v Carol Howes

Filing 108

ORDER granting 106 Motion To Apply Holdinggranting 107 Motion To Apply HoldingTo Construe Issue VIII-Sec.E. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Phillip Brown,
Petitioner,

Case No. 09-cv-14850
Honorable Patrick J. Duggan

v.
David Bergh,
Respondent.
______________________________/

ORDER GRANTING G PETITIONER’S MOTION TO APPLY HOLDING
[ECF NO. 106] AND MOTION TO CONSTRUE ISSUE VIII-SECTION E
[ECF NO. 107]
This 28 U.S.C. § 2254 matter is before the Court because Michigan prisoner
Phillip Brown (“Petitioner”) has filed yet additional motions to consider
supplemental pleadings. The Court notes that Petitioner has filed at least 38 pro se
motions in this case as well as numerous supplemental pleadings.1
His latest two motions ask the Court to consider Crawford v. Washington,
541 U.S. 36, 124 S. Ct. 1354 (2004), when considering his third claim, and to
construe the eighth issue raised in his habeas petition as raising a “false evidence”
claim along with a claim of prosecutorial misconduct. Petitioner has now had

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Petitioner is represented by counsel. Nevertheless, most of the motions and
supplemental pleadings have been filed by Petitioner without counsel’s assistance.
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more than enough opportunities to file such motions and/or supplemental
pleadings. The Court is disinclined to consider any further such pleadings, and
after entry of this order it will consider the case ready for disposition.
To the extent the motions seek to have the Court consider the arguments
raised therein in its dispositive opinion, the motions are GRANTED.
SO ORDERED.
DATED: February 10, 2014

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Paul D. Hudson, Esq.
Raina I. Korbakis, Esq.
Phillip Brown, #271566
Thumb Correctional Facility
3225 John Conley Drive
Lapeer, MI 48446

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