Johnson v. Rivard

Filing 18

ORDER amending caption, directing the Clerk of Court to serve the amended petition on the state, and directing the state to to file a response to the amended petition. Signed by District Judge George Caram Steeh. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DARRYL JOHNSON, #561762,
Petitioner,
v.

Case No. 13-13080
Honorable George Caram Steeh

STEVE RIVARD,
Respondent.
_____________________________/
ORDER AMENDING THE CAPTION,
DIRECTING THE CLERK OF COURT TO SERVE
THE AMENDED PETITION ON THE STATE, AND DIRECTING
THE STATE TO FILE A RESPONSE TO THE AMENDED PETITION
On July 18, 2013, petitioner Darryl Johnson filed a pro se habeas
corpus petition challenging his Michigan convictions for assault with intent to
commit murder, Mich. Comp. Laws § 750.83, felon in possession of a
firearm, Mich. Comp. Laws § 750.224f, carrying a concealed weapon, Mich.
Comp. Laws § 750.227, and possession of a firearm during the commission
of a felony, Mich. Comp. Laws § 750.227b. See Dkt. No. 1. Petitioner’s sole
ground for habeas relief was that the state trial court deprived him of his
constitutional right to present a defense by refusing to instruct the jury on
self-defense.

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In a motion filed on the same day as the habeas petition, petitioner
stated that he wished to pursue state-court remedies for a new claim about
his trial attorney’s failure to properly raise a claim of self-defense. He asked
the Court to hold his habeas petition in abeyance while he pursued state
remedies for his ineffective-assistance-of-counsel claim. See Dkt. No. 3. On
October 8, 2013, the Court granted petitioner’s motion and closed this case
for administrative purposes. See Dkt. No. 8.
In 2018, petitioner asked the Court to re-open this case, see Dkt. Nos.
12, 13, and 15, and on July 24, 2018, the Court granted petitioner’s requests
and ordered petitioner to file an amended petition for the writ of habeas
corpus within thirty days of the Court’s order. See Dkt. No. 16.
On August 6, 2018, petitioner filed a habeas corpus petition, but
because he did not write the case number for this case on his pleading, the
Clerk of Court treated the petition as a new case and assigned it to United
States District Judge Sean F. Cox. On August 28, 2018, Judge Cox closed
his case and directed the Clerk of Court to file the petition in this case. See
Johnson v. Bauman, No. 2:18-cv-12433 (E.D. Mich. Aug. 28, 2018). The
petition was then filed as an amended petition in this case. See Dkt. No. 17.
The Court orders the Clerk of Court to serve the amended petition and
a copy of this order on the Michigan Attorney General and on petitioner’s
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warden. The State’s records indicate that petitioner currently is confined at
the Chippewa Correctional Facility, 4269 W. M-80, Kincheloe, MI 49784,
where Connie Horton is the warden. Accordingly, the Clerk of Court shall
amend the caption and docket for this case to reflect petitioner’s current
warden and place of confinement. The new caption shall read: Darryl
Johnson v. Connie Horton.
The State shall have six (6) months from the date of this order to file
a response to the amended petition and the relevant state-court materials.
Petitioner shall have forty-five (45) days from the date of the responsive
pleading to file a reply.
Dated: January 8, 2019
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 8, 2019, by electronic and/or ordinary mail and also
on Darryl Johnson #561762, Alger Maximum Correctional
Facility, N6141 Industrial Park Drive, Munising, MI 49862.
s/Marcia Beauchemin
Deputy Clerk

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