Smith v. Berghuis

Filing 23

Order Denying Petitoner's 19 "Motion to Fast Track Case", 20 "Motion to Have all Charges Expunged off my Record", and 22 "Motion for Release on Recognizance or Surety 2255 Proceeding". Signed by District Judge Avern Cohn. (SCha)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JACK SMITH,
Petitioner,

Case No. 12-11527

MARY BERGHUIS,

HON. AVERN COHN

Respondent.
________________________________________/
ORDER DENYING PETITIONER'S “MOTION TO FAST TRACK CASE” (Doc. 19),
“MOTION TO HAVE ALL CHARGES EXPUNGED OFF MY RECORD” (Doc, 20),
AND “MOTION FOR RELEASE ON RECOGNIZANCE OR SURETY 2255
PROCEEDING” (Doc. 22)
I.
Petitioner Jack Smith, a state inmate, has filed a pro se petition for a writ of
habeas corpus under 28 U.S.C. § 2254. (Doc. 1) Petitioner alleges that he is actually
innocent and that his counsel was ineffective with respect to his Jackson Circuit Court
convictions for arson, manufacturing explosives, and assault and battery. Respondent
has filed a response (Doc. 17).
Before the Court are Petitioner’s "Motion to Fast Track Case" (Doc. 19), “Motion
to Have All Charges Expunged off My Record” (Doc. 20), and “Motion for Release on
Recognizance or Surety 2255 Proceeding” (Doc. 22). For the reasons that follow, the
motions are DENIED.
II.
All three of Petitioner’s motions hinge on the allegation that Respondent has
admitted in its response to the petition that Petitioner is actually innocent. As a result,
Petitioner claims he is entitled to immediate consideration, expungement of his criminal

record, and immediate release. Respondent, however, has made no such concession.
Respondent’s response to the petition states: “[E]ven assuming that Petitioner’s claim
that the entire case against him was fabricated is cognizable in habeas, he is still not
entitled to any relief.” Response (Doc. 17) at 6. Respondent goes on to argue that
Petitioner has not demonstrated his actual innocence. Thus, Respondent has not
conceded that Petitioner is innocent. As such, Petitioner is not entitled to the relief he
requests in his motions.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

Dated: February 19, 2013

I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, February 19, 2013, by electronic and/or ordinary mail.

S/Sakne Chami
Case Manager, [phone]

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