Williams v. Rapelje

Filing 81

ORDER denying 78 Declaration and striking 79 , 80 Copies of motions filed by Terry Williams. Signed by District Judge Stephen J. Murphy, III. (DPer)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRY WILLIAMS,

Case No. 2:10-cv-11939

Petitioner,

HONORABLE STEPHEN J. MURPHY, III

v.
LLOYD W. RAPELJE,
Respondent.
/

ORDER DENYING PETITIONER'S
DECLARATION SUPPORTING MOTION [78]
AND STRIKING COPIES OF MOTIONS [79, 80]
Petitioner Terry W. Williams filed a pro se petition for a writ of habeas corpus
under 28 U.S.C. § 2254 and challenged his 2007 convictions for first-degree home
invasion, felon in possession of a firearm, felonious assault, possession of a firearm
during the commission of a felony, and killing an animal. ECF 47. On July 23, 2019,
the Court granted Petitioner's motion to stay proceedings while he exhausted an
additional claim in state court and closed the case subject to Petitioner moving to lift
the stay after exhausting state court remedies. ECF 71. Petitioner has not sought to
reopen the case. Rather, he filed a declaration supporting a motion that requested
emergency release and an “emergency motion for temporary restraining order for
injunctive relief of an emergency release, and understanding the COVID-19 virus.”
ECF 78.
Petitioner's declaration was purported to be filed in support of motions for
emergency release and for a temporary restraining order ("TRO"). Id. But Petitioner
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has filed neither a motion for emergency release nor for a TRO in this Court. Instead,
he filed copies of motions for release apparently filed in the underlying state court,
the Wayne County Circuit Court. See ECF 79, 80. The Court will therefore construe
the declaration as a motion for release and TRO. And for the following reasons, the
Court will deny the motion.
The basis for Petitioner's motion is the ongoing COVID-19 pandemic. ECF 78.
He claimed that he is in imminent danger of irreparable harm because he suffers
from chronic health issues and because the population density in prisons makes
effective social distancing impossible. Id. The motion, however, is unrelated to the
claims raised in Petitioner's habeas petition and, therefore, not properly filed in this
presently closed case. See, e.g., Smith v. Zuercher, No. 7:08-cv-229, 2009 WL 499112,
*4, n.2 (E.D. Ky. Feb. 27, 2009) (petitioner is not permitted to "piggy-back" separate,
unrelated claims onto his habeas petition). To the extent Petitioner sought relief
under 28 U.S.C. § 2241 or 42 U.S.C. § 1983, he must proceed in a new, separate action.
But even assuming the motion and declaration were properly filed, relief must
be denied because Petitioner has not exhausted his state remedies for the claims
raised in the motion. See 28 U.S.C. § 2254(b)(1)(A) (habeas corpus relief may not be
granted unless Petitioner "has exhausted the remedies available in the courts of the
State"); Makin v. Wainwright, No. 3:20-cv-912, 2020 WL 2085141, *2 (N.D. Ohio Apr.
30, 2020) (dismissing § 2241 petition seeking relief on the basis of the COVID-19
pandemic for failure to exhaust state remedies). The Court will dismiss Petitioner's
declaration. And because he improperly filed copies of motions not pending before this

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Court, the Court will strike the two copies of motion Petitioner filed in Wayne County
Circuit Court.
WHEREFORE, it is hereby ORDERED that Petitioner's declaration
supporting motion requesting emergency release and emergency motion for
temporary restraining order for injunctive relief of an emergency release, and
understanding the COVID-19 virus [78] is DISMISSED.
IT IS FURTHER ORDERED that Petitioner's copies of motions filed in
Wayne County Circuit Court [79, 80] are STRICKEN.
SO ORDERED.
s/ Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: May 14, 2020
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 14, 2020, by electronic and/or ordinary mail.
s/ David P. Parker
Case Manager

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