Banks v. McKee

Filing 29

ORDER re 26 Order; and 1 Petition for Writ of Habeas Corpus filed by Terrence Banks. Signed by District Judge Laurie J. Michelson. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TERRENCE BANKS, Petitioner, No. 2:14-cv-13566 v HON. LAURIE J. MICHELSON GEORGE STEPHENSON, MAG. R. STEVEN WHALEN Respondent. / ORDER This case involves a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. The United States Court of Appeals for the Sixth Circuit having issued an order vacating in part this Court’s earlier order and remanding the case to this Court, Banks v. Stephenson, No. 17-1894, (6th Cir. Jan. 3, 2019), with “directions to grant habeas relief limited to vacating Banks’s conviction for assault with intent to do great bodily harm,” IT IS HEREBY ORDERED that habeas relief is GRANTED to the limited degree detailed by the Sixth Circuit and this case is REMANDED to the Third Circuit Court, Wayne County, Michigan, for further proceedings consistent with the Sixth Circuit’s order, Banks v. Stephenson, No. 17-1894, (6th Cir. Jan. 3, 2019). s/Laurie J. Michelson LAURIE J. MICHELSON UNITED STATES DISTRICT JUDGE Date: February 25, 2019 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon counsel of record and/or pro se parties on this date, February 25, 2019, using the Electronic Court Filing system and/or first-class U.S. mail. s/William Barkholz Case Manager

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