Collier v. Haas

Filing 9

ORDER Granting 8 MOTION to Reopen Case on an Amended Petition, Reopening the Case, and Setting Deadlines. (Response due by 4/26/2017) Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WILLIAM DARNELL COLLIER, #303214,
Petitioner,
CASE NO. 2:14-CV-13827
HONORABLE SEAN F. COX

v.
RANDALL HAAS,
Respondent.
__________________________________/

ORDER GRANTING PETITIONER'S MOTION TO REOPEN THE CASE ON AN
AMENDED PETITION, REOPENING THE CASE, AND SETTING DEADLINES
Michigan prisoner William Darnell Collier (“Petitioner”) filed a pro se petition for a writ of
habeas corpus challenging his state criminal convictions and sentences in October, 2014. In that
petition, he raised claims concerning the denial of a mistrial motion and the effectiveness of trial and
appellate counsel. Shortly thereafter, he moved for a stay and abeyance of his case so that he could
return to the state courts to exhaust his remedies on a “Missouri v. Frye” issue (an un-communicated
plea offer). Petitioner indicated that he had not previously exhausted the issue because it was based
upon newly-discovered evidence and because counsel was ineffective.

The Court granted

Petitioner’s motion, stayed the proceedings, and administratively closed the case in December, 2014.

The matter is now before the Court on Petitioner's motion to reopen the case and proceed on
an amended petition raising claims concerning an un-communicated plea offer and the effectiveness
of trial counsel, the effectiveness of appellate counsel, the validity of his sentence, and the trial
court’s delay in notifying him of the denial of his motion for relief from judgment.

Having reviewed the matter, the Court finds that this case should be re-opened for further
consideration. Accordingly, the Court GRANTS Petitioner’s motion to reopen this case and
proceed on an amended petition and REOPENS this case. Respondent shall file an answer and the
relevant state court record by April 26, 2017. Petitioner shall then have until June 12, 2017 to file
any desired reply. The Court makes no determination as to the procedural or substantive merits of
Petitioner’s claims.
IT IS SO ORDERED.

Dated: October 21, 2016

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

I hereby certify that on October 21, 2016, the foregoing document was served on counsel of record
via electronic means and upon William Collier via First Class mail at the address below:
William Collier
303214
G. ROBERT COTTON CORRECTIONAL FACILITY
3500 N. ELM ROAD
JACKSON, MI 49201

S/ J. McCoy
Case Manager

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