Hicks v. Smith

Filing 16

OPINION and ORDER Construing 15 Petition for Writ of Habeas Corpus as a Motion to Lift Stay and Denying Motion. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CARLOS LAMONT HICKS,
Case Number: 2:13-CV-11708
HONORABLE SEAN F. COX

Petitioner,
v.
WILLIE SMITH,
Respondent.
/

OPINION AND ORDER CONSTRUING PETITION FOR WRIT OF
HABEAS CORPUS AS MOTION TO LIFT STAY AND DENYING MOTION
Michigan state prisoner Carlos Lamont Hicks, filed a pro se petition for a writ of
habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his convictions for assault with
intent to murder, felon in possession of a firearm, and possession of a firearm during the
commission of a felony. Petitioner then filed a motion to stay proceedings so that he
could exhaust his claims in state court. On August 25, 2014, the Court granted
Petitioner’s motion and stayed the petition. The Court imposed certain conditions under
which Petitioner was required to proceed and administratively closed the case. On
January 31, 2017, Petitioner filed a petition for a writ of habeas corpus.1 The Court
construes the petition as a motion to lift stay.
The conditions of the Court’s stay order required Petitioner to file a motion for

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The petition was filed as a new case and assigned to the Honorable Bernard A.
Friedman under case number 2:17-cv-10947. Judge Friedman ordered the petition refiled in this earlier-filed habeas petition and dismissed the 2017 case without prejudice.

relief from judgment within sixty days from the date of the Court’s order staying the
petition and further required Petitioner to file a motion to lift the stay and an amended
petition within sixty days after the conclusion of state-court proceedings. Petitioner
timely filed a motion for relief from judgment. The Michigan trial court denied
Petitioner’s motion for relief from judgment. People v. Hicks, No. 09-029908-FC
(Wayne County Circuit Court August 14, 2015). The Michigan Court of Appeals denied
leave to appeal. People v. Hicks, No. 329059 (Mich. Ct. App. Dec. 16, 2015). Finally, on
October 26, 2016, the Michigan Supreme Court denied Petitioner’s application for leave
to appeal. People v. Hicks, 500 Mich. 880 (Mich. Oct. 26, 2016).
Petitioner’s state court proceedings concluded on October 26, 2016. Petitioner
signed his petition for a writ of habeas corpus, which the Court has construed as a motion
to lift stay, on January 31, 2017. The motion was not filed within sixty days after
exhaustion of state court remedies as required by the Court’s order granting a stay.
Therefore, the Court will deny the motion. Accordingly,
IT IS ORDERED that the petition for a writ of habeas corpus is construed as a
motion to lift stay and the motion is DENIED. The case remains closed for
administrative purposes.
Dated: May 31, 2017

s/Sean F. Cox
Sean F. Cox
U. S. District Judge

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CARLOS LAMONT HICKS,
Case Number: 2:13-CV-11708
HONORABLE SEAN F. COX

Petitioner,
v.
WILLIE SMITH,
Respondent.
/

PROOF OF SERVICE
I hereby certify that on May 31, 2017, the foregoing document was served on counsel of
record via electronic means and upon Carlos Hicks via First Class mail at the address
below:

Carlos Hicks 281347
IONIA MAXIMUM CORRECTIONAL FACILITY
1576 W. BLUEWATER HIGHWAY
IONIA, MI 48846
s/J. McCoy
Case Manager

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